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12 GOODHUE STREET - CONSERVATION COMMISSION ���' , 12 C�cs�,1,,v-c..fir, Gl...r. He _ o.�w.c.�AT•.��,n.... r - - -- t��;.. 5���, `. �. ', I ., - ---� 1 1 ' MASSACHUSETTS WETLANDS PROTECTION ACT REQUEST FOR DETERMINATION OF APPLICABILITY 1 for ' Release Abatement Measure 12 Goodhue Street ' V o Salem, Massachusetts 1 ' Prepared for: ' Public Storage, Inc. 701 Western Avenue Glendale, CA 91201 ' Prepared by: ENSR Corporation i2 Technology Park Drive Westford, MA 01886 1 ' January 30, 2002 EMM ' ENSR International 2 Technology Park Drive ' Westford,MA 01886-3140 (978)589-3000 FAX(978)589-3100 January 30, 2002 www.ensr.com ' Salem Conservation Commission t City Hall 93 Washington Street Salem, MA 01970 ' RE: Request for Determination of Applicability Removal of Contaminated Soil to Comply with Release Abatement Measure(RAM) ' 12 Goodhue Street, Salem, Massachusetts Dear Commission Members: ' On behalf of Public Storage, Inc. (project applicant) and Clayman Realty Limited Partnership (property owner), we are submitting the attached Request for Determination of Applicability (WPA Form 1) for resource areas under the jurisdiction of the Wetlands Protection Act (WPA) and its regulations (310 CMR 10.00). Enclosed are ten copies of the application and supporting documentation. Two copies have been forwarded to the MADEP Northeast Regional Office. A copy was also sent to the property owner, John Clayman. We request that you schedule this matter for a Hearing at the meeting set for February 14, 2002. If you have any questions, please contact me or Brenda Bhatti at 978-589-3000. Thank you. Sincerely, ENSR ' Lawrence M. Hogan, LSP � renda L. Bhatti Senior Project Manager Environmental Biologist Enclosure: WPA Form 1 Package Form 1 Project Narrative Figures 1 & 2 Appendix ' CC: MADEP NERO BRP Evelyn Hubei, Public Storage, Inc. George Atkins, Esq. John Clayman, Clayman Realty Limited Partnership ® Over 30 Years of Excellence in Environmental Services 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 A. General Information Important: When filling out 1. Applicant: forms on the Public Storage Inc computer,use Name E-Mail Address only the tab key to move your 701 Western Avenue cursor-do not Mailing Address use the return Glendale CA 91201 key. City/Town State Zip Code (818)244-8080 (818)241-9489 +m Phone Number Fax Number(if applicable) 2. Representative (if any): ENSR ' Firm Lawrence M Hogan Ihogan@ensr.com Contact Name E-Mail Address 2 Technology Park Drive Mailing Address Westford MA 01886 City/Town State Zip Code 978-589-3000 978-589-3000 Phone Number Fax Number(if applicable) B. Determinations ' 1. 1 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 1 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). The fill area identified on Figure 2 as"Disturbed Area" is required to be removed and remediated under a Release Abatement Measure(RAM) under the Massachusetts Contingency Plan (MCP)(310 CMR 40.0000). Up to 1500 yards of soil and fill will be removed to reduce concentrations of petroleum in the soil in accordance with that RAM (Appendix A). The selected alternative is adequate for work in the Riverfront Area as required by the MCP. This work will improve the Riverfront Area by reducing the amount of petroleum in the environment. wpafw l.dm•rev.02100. Page 1 of 4 1 � Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem City/Town WPA Form 1 - Request for Determination of Applicability ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) rb. Identify provisions of the Wetlands Protection Act or 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). 310 CMR 10.58(5)- Redevelopment Within Previously Developed Riverfront Areas; Restoration and Mitigation. 1 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 t ❑ 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. 1 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.) ' See Release Abatement Measure(Appendix A) ' wpaformt da•rev.01/00. Pape 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 C. Project Description ' 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 12 Goodhue Street Salem ' Street Address City/Town 15 0300-0 Assessors Map/Plat Number ParceULot Number ' b. Area Description (use additional paper, if necessary): The site is at the corner of Goodhue Street and Bridge Street(Figure 1). This property is 2.349 acres of heavily disturbed and compacted urban land within the Ind.-Whs. zone. It contains two dilapidated ' commerical buildings that are currently unused. c. Plan and/or Map Reference(s): Locus Map (Figure 1) 01/02 Title Date Site Plan for Release Abatement Measure(Figure 2) 01/02 Title Date Title Date ' 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): See attached Narrative 1 ' wpafa t dm•rev.02/00. Pape 2 of 4 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem n WPA Form 1- Request for Determination of Applicability 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: John Clayman President Clayman Realty Limited Partnership ' Name 804 Hale Street Mailing Address ' Beverly Farms Cityrrown MA 01915 State Zip Code . Signatures: ' I alERepresentative hat notification of this Request will be placed in a local newspaper at my expense in ation 10.05(3)(b)(1)of the Wetlands Protection Act regulations. Pub , I by David Ristig, Senior Vice President � 'Za- OZcant Date 1 2esentative(if any) Date 1 II Page 4 0l4 vryefmml.tloc-rev,02/00. 1 EE. ' PROJECT NARRATIVE ' 1.0 Introduction and Overview ' This Request for Determination of Applicability (RDA) application has been prepared by ENSR on behalf of Public Storage, Inc. (project applicant) and Clayman Realty Limited Partnership (property owner) in accordance with Massachusetts Wetlands Protection Act (MWPA)(MGL Ch. 131, s.40) and its Regulations (310 CMR 10.00). The proposed project involves removal and remediation of petroleum impacted soil on a portion of the site at 12 Goodhue Street in Salem, MA (Figure 1) as part of a Release Abatement Measure (RAM; Appendix A) in compliance with the Massachusetts Contingency Plan (MCP)(310 CMR 40.0000). ' The North River forms the northeasterly property boundary. The remediation area is within Riverfront Area and Buffer Zone to the Bank. According to the Federal Emergency Management ' Agency (FEMA) Flood Insurance Rate Map for Salem, Panel# 250102-0001 B (August 5, 1985), much of the site lies within the 100 year flood plain of North River. Therefore, it is also within an area that is Bordering Land Subject to Flooding (BLSF). The Resource Areas are shown on the attached Site Plan (Figure 2). ' 2.0 Existing Conditions The property is an abandoned industrial facility with various historical uses that are documented in the attached RAM plan. The land is primarily unvegetated as is typical of developed urban centers. The remediation project is within a previously heavily disturbed and compacted Riverfront Area, BLSF, and buffer to Bank. The Riverfront area is not in a natural condition since the North River at this location has been channelized by stone retaining walls. The proposed site will now be managed under a RAM plan under the MCP that is subject to review and approval by the Massachusetts Department of Environmental Protection (DEP). This work is a precursor to redevelopment of this site. ' 3.0 Proposed Activity The proposed project, is to remove up to 1500 cubic yards of petroleum-contaminated soil ' adjacent to the concrete vertical wall that maintains North River in its channel. The specific protocol for removing the soil is detailed in the attached RAM. Approximately 3,400 square feet of previously-disturbed Riverfront area is included in the project. Since the entire area is within the 100-feet-wide Buffer Zone to Bank of the North River, removal of the soil will impact approximately ' 3,400 square feet of Buffer Zone. There will be no net loss of BLSF as a result of this proposed cleanup work because the cleanup area will be returned to existing graded prior to completion of the remediation work. ' Prior to remedial work in the project area, silt fences will be erected as shown on the project plans. These erosion control devices will be maintained throughout the duration of the project and until ' loamed and seeded areas are stable. UR. The result of the cleanup effort will be an improvement to the conditions in the Riverfront area and Buffer Zone to Bank. 4.0 Summary ' The project is a cleanup of contaminated soil in accordance with a RAM plan associated with the MCP. Previously disturbed Riverfront Area, and Buffer Zone to Bank, will be minimally impacted. There will be no net loss of Bordering Land Subject to Flooding. The result will be an ' improvement to the existing condition of these wetland resource and related areas. We ask the Salem Conservation Commission to find that the proposed project represents ' insignificant impact under the interests of the Wetlands Protection Act, and issue a Negative Determination allowing the project to proceed as described in this document and the attached RAM plan. 1 1 iC 3 a 4 � � �CS .( 6< I� \\, �•- > > \ � O °�iy{"�4' It fi;�;n.. - t � { o?N� r v � R j P. a , -s r.>tk, � i � ,;.,.: �t � ���1,.```'.I P � �` •1 e ^�.g4. t=-' ',�-, �. _ �,. �YN Sale • �D 4 f • ; 1% { 4 F So.• y �• Qt, � p Y 1te'+�\.. Jin+ ff���t� i •{ ) Axl o' � .d'` > �- '} ��3�,�/, �4F7G � ' / _�.- >�5. � - , •. .. ` I ., v` ` 34 -u v {e fir^ �`y>,(fK4 Y C� F i f7r,"Tif 11 ( � •0 r��� 1� S �j � � �'r � k1 v a.v SCALE 1:24,000 ' 0.5 0 0.5 1 Miles 1000 0 1000 2000 3000 4000 5000 6000 7000 Feet 1 0 1 Kilometers N ' Site LOCUS Figure 1 Request For Determination Public Storage, Inc. of Applicability ' a a 12 Goodhue Street eeee«•m�l• Salem, Massachusetts EPMO ••••Ny•e• Job Number 05555661 1 Appendix A Release Abatement Measure Plan 1 EN CRO RELEASE ABATEMENT MEASURE PLAN 12 Goodhue Street Salem, Massachusetts RTN#.3-21287 January 28, 2002 Site Contacts: Lawrence M. Hogan, P.G., LSP Clayman Realty Limited Partnership ENSR International, Inc. P.O. Box 5532 (Environmental Consultant for Site Owner) 804 Hale Street 2 Technology Park Drive Beverly Farms, MA 01915 Westford, Massachusetts 01886 Phone (978) 921-1659 Phone: (978) 589-3000 ' This Release Abatement Measure (RAM) Plan is being submitted under 310 CMR 40.0000, the Massachusetts Contingency Plan (MCP), for the disposal site located at 12 Goodhue Street, Salem, Massachusetts and identified by Release Tracking Number (RTN) 3-21287. The site location is shown on Figure 1, Site Locus, and pertinent site features are shown on Figure 2, Site Plan. This RAM Plan contains the required information as specified in 310 CMR 40.0444 and is being submitted under the cover of DEP form Release & Utility-Related Abatement Measure Transmittal Form BWSC-106. A copy of this form is attached, along with a copy of the required RAM Compliance fee. BACKGROUND INFORMATION ENSR previously conducted a Phase I Environmental Site Assessment (Phase 1) report, dated January 8, 2001, as well as two subsurface assessments of the site. The first subsurface assessment is summarized in a report, dated March 9, 2001, and the second subsurface assessment report has yet to be completed. ENSR's Phase I identified concerns regarding the historical use of the subject property. These concerns include the following: 1. Verbal reports that the subject property is located in an area of Salem that utilized fill material (in the 1800s), 2. Historical use of the site by a variety of tannery operations from approximately 1890 until circa 1960, 3. The former use of a portion of the site by a company which reclaimed chemicals and precious metals from chemical waste between circa 1984 and 1989, and 4. The existence of an abandoned fuel oil underground storage tank (of unknown capacity) along the southeastern side of the abandoned brick boiler house on-site. As part of the two subsurface assessments conducted by ENSR at the site, four test pits (TP-1 through TP-4), 10 Geoprobe® borings (GP1 though GP-10), and 14 test borings (T13-1 through t�z Over 30 Years of Excellence in Environmental Services � E 1 TB-14) have been advanced at the subject parcel. The locations from which soil and groundwater samples have been collected are illustrated on Figure 2, Site Plan. Analysis of soil samples collected from these locations have identified the following exceedences of the applicable Method 1 S-2/GW-3 and S-3/GW-3 standards: volatile petroleum hydrocarbons (VPH) fractions at two locations (TB-5 and TB-13), extractable petroleum hydrocarbons (EPH) fractions at five locations (GP-2, GP-10, TB-1, TB-2 and TB-3), phenanthrene at one location (TB- 1), benzo(a)anthracene at five locations (GP-4, GP-7, TB-1, TB-2 and TB-3), benzo(b)fluoranthene at five locations (GP-4, GP-7, TB-1, TB-2, and TB-3), benzo(a)pyrene at seven locations (GP-4,TB- 1, TB-2, TB-3, TB-4, TB-5, and TB-6), ideno(1,2,3cd)pyrene at four locations (TB-1, TB-2, TB-3, and TB-4), arsenic at eight locations (TP-2, GP-1, GP-3, GP-7, GP-8, GP-9, TB-5 and TB-7), chromium at two locations (GP3 and GP8), and lead at three locations (GP-5, GP-8 and TB-3). The concentration of the C9-C10 aromatic hydrocarbon fraction in TB-5 and TB-13 exceeds the upper concentration limit (UCL). An exceedence of the UCL indicates that there is potential risk to human ' health and the environment. Analysis of groundwater samples from four site monitoring wells identified exceedences of ' applicable Method 1 GW-3 standards in well MW-3 for VPH in the C9 to C10 aromatic hydrocarbons range, for EPH in the C9 to C18 aliphatic hydrocarbon range, and lead. Based on the assessments performed, the soil impacted with petroleum and metals concentrations in excess of applicable Method 1 standards appears to be pervasive across the site. Concentrations of compounds of concern above applicable Method 1 standards have been identified in soil collected from depths between 0 to 12 feet below surface grade (BSG). SITE DESCRIPTION Site Conditions The subject property is located at the northeastern intersection of Goodhue Street and Bridge Street, consists of approximately 2.349 acres of land, and is largely vacant. The site is fenced and is accessed by gates located along both Goodhue and Bridge Streets. The site is bound to the north by a vacant industrial structure and to the east by the North River Canal, a tidal surface water stream. Approximately five percent of the site is occupied by two structures, an abandoned one-story brick boiler house in the eastern portion of the site and a one-story. abandoned wood shed in the central portion of the site. An abandoned concrete underground ' storage tank (UST) is present immediately adjacent to the southeastern side of the boiler building. The remainder of the property is covered with unpaved gravel. 1 Surrounding Receptors The subject property is located in an area of historic heavy industrial usage including tanneries, auto repair shops, and plastics manufactures. No surface water or suspect wetland areas were ' observed on-site during ENSR's Phase I, however, as mentioned above, the site is bound to the east by the North River Canal, a tidally influenced surface water body. Groundwater beneath the subject property is not a potential drinking water source as defined by the MCP. 2 ,,�, Over 30 Years of Excellence in Environmental Services 1 E No other environmental receptors were identified within 500 feet of the subject. The nearest residential dwellings are located approximately 150 feet west to southwest of the site. OBJECTIVES This document presents a plan and implementation schedule for an excavation program that will remove soil that exceeds the UCL for C9-C10 aromatic hydrocarbons located in a disturbed area along the eastern margin of the site (in the vicinity of TB-13 and TB-5/MW-3). The approximate horizontal extent of impacted soil is depicted on Figure 2. The objective of this program will be to remove a volume of soil sufficient to reduce contaminant exposure point concentrations (EPCs) at the site to levels below the UCL. In addition, this plan also covers the removal of the abandoned ' concrete UST located adjacent to the former boiler building. It is not anticipated that soil will be removed from the vicinity of the UST since assessments completed to date indicate that there is a large area of petroleum impacted soil extending both westward and eastward from the UST Based on the assessments performed, it is not practical to remediate this soil through excavation and preliminary evaluation pursuant to MCP risk assessment requirements and DEP guidance indicates that the soil does not pose a significant risk under current and foreseeable site use. Accordingly, the removal of any petroleum contaminated soil encountered associated with the removal of the abandoned UST is not an objective of this RAM Plan. ' SPECIFIC PLAN AND SCHEDULE ENSR will excavate and remove up to 1,500 cubic yards of petroleum and metals impacted soil in the vicinity of the disturbed area along the eastern margin of the site. _ENSR will direct the excavation of impacted soil based on screening with a photoionization detector (PID) as well as visual observation. Soil that is not impacted will be segregated and stockpiled pending use as backfill material. Soil that exhibits no odor or staining and a PID response of less than 10 parts per million (ppm) will be considered clean. Based on the boring logs completed for TB-5 and T13-13, soil that is impacted with C9-C10 aromatics above the UCL yields PID readings of greater than 100 ppm. Copies of the TB-5 and TB-13 borings logs are attached. Soil with PID readings above 100 ppm will be considered impacted above the UCL for the purposes of this RAM Plan. Such impacted soil will be placed on and covered with 6-mil polyethylene sheeting and disposed of under Bill of Lading documentation at a state-approved disposal recycling facility, pending laboratory analysis of appropriate disposal parameters. Soil that is impacted with readings between 10 and 100 parts per million may also be segregated for disposal depending upon the volume of soil that has been removed that has readings above 100 ppm. If ' soil that is impacted between 10 and 100 ppm on the PID is not segregated for disposal, it will be placed back in the excavation and covered with plastic sheeting. The remainder of the excavation will then be backfilled with clean compactable fill. Since the excavation is to be conducted in close proximity to the wall of the North River Canal, work will be performed in accordance with applicable Rivers Act and Wetland Regulations (see Applicable Permits section below). Siltation control will be installed along the canal wall to mitigate the transportation of sediment into the canal. Removal of the abandoned concrete UST will involve the excavation of soil from its top and along its sides. It is anticipated that the tank will either be lifted directly from the excavation after approval by the Salem Fire Department or, if the UST is too heavy to lift directly, that it will 3 �� Over 30 Years of Excellence in Environmental Services � E 1 be fractured in place and lifted out in sections. The latter approach will be subject to approval by the Salem Fire Department. As discussed above, evaluation of the soil surrounding the UST to date has indicated that petroleum contaminated soil is present; however preliminary risk assessment calculations indicate that it does not pose a significant risk for current and 1 foreseeable site use. Therefore, any soil excavated will be placed back into the excavation. The excavation will then be lined with plastic and then backfilled with clean compactable fill. Implementation Schedule I' Activities associated with the RAM will commence as soon as possible following either written receipt of approval from DEP or the date of presumptive DEP approval.(21 days after submittal ' of this RAM Plan). RELEASE ABATEMENT MEASURES ENSR is proposing to excavate the contaminated soil beneath a visibly disturbed area along the eastern margin of the site to reduce exposure point concentrations in this area to below the UCL. in addition, ENSR is proposing to remove an abandoned concrete UST located adjacent to the southeastern side of the former boiler building. Soil Excavation and Confirmatory Sampling ENSR will collect a minimum of six composite soil samples from the limits of the eastern excavation, including one sample from each excavation sidewall and two samples from the bottom of the excavation. Soil samples will be submitted to a State-certified testing laboratory for VPH, EPH and priority pollutant (pp13) metals. If screening results indicate that a sufficient volume of impacted soil has been removed, ENSR will backfill the open excavation using clean ' soil provided by ENSR's subcontractor. Two composite soil samples will be collected from the UST excavation for analysis of EPH and VPH. One composite will be collected from the sidewalis and one from the bottom of the excavation. These data will be used along with the data collected during the assessments completed to date to generate an Exposure Point Concentration (EPC) for the petroleum impacted soil located in this portion of the site. The EPC will be used to assess risk associated with the site. Management of Remediation Wastes The material excavated from the eastern area will be stockpiled on 6-mil polyethylene sheeting and covered with the same or heavier material pending laboratory characterization and selection of a suitable off-site disposal location. The material generated will be transported for final disposal within 120 days of stockpiling using the Bill of Lading process described in 310 CMR 40.0034 of the MCP. 4 �;-i7 Over 30 Years of Excellence in Environmental Services 1 ' No soil is expected to be removed from the abandoned concrete UST excavation. Any liquid wastes within the UST will be pumped out and transported off-site by a licensed waste hauler for off-site disposal at a licensed disposal facility. The tank itself will be cleaned by pressure ' washing and then disposed of at a State-licensed tank dismantling facility. The liquid wash water will be contained and disposed of off site under uniform hazardous waste manifest and disposed of at a licensed disposal facility. APPLICABLE PERMITS Permits that may be required include the following: • A tank removal permit from the Salem Fire Department. • All soil that is transported off-site to a disposal facility will be approved by a Licensed Site Professional (LSP) and documented with a Bill of Lading signed by the generator in accordance with the requirements of the MCP 310 CMR 40.0034 and 40.0035. • Because the RAM is planned within 200 feet of the North River Canal, ENSR will submit a Request for Determination of Applicability (RDA) to the Salem Conservation Commission (Con Com). The RDA filing will yield a determination from the Con Com on whether or not a Notice of Intent will be needed. 5 Over 30 Years of Excellence in Environmental Services 1 E 1 1 1 1 FIGURES 1 Over 30 Years of Excellence in Environmental Services SM LIN k. f "_ F 'l 7.4I`3P.��+'� �; r� ,CPi�pin r;. >�, �,. ►� i!o Q _„rpt ����'r��—,,sem zM Re t s Al Source: USGS 71A Minute Topographic Quadrangle, ENM Salem,Massachusetts,1985 2 Technology Park Drive, SOON - GoodhueSCALE 2-12 +.rs r � � r• � r �■■ � � � a �w � Imo■ � r � � ENAME: 555519A.DWG / 4 / P+5 SNS ♦♦ .// \ PROPERTY UNE + Ti-11 ` GP±7 GP-9 ~ 78-9/ T9-4/MW-2 o TP-4 \ / / •TB-6 GAO Jam/ 12 GOODHUE STREET \/ / TB*12� / p +CP-10 APPROEXCAVATION RAM EXCAVATION AREA S i TB-13 / +GP-4 BU Cl( Y ABANDONED �EW,S.. ¢ - •T13-3 y0 CONCRETE UST 841 r= I Mw 5 / C= ♦ GP-2 V / TB-16TB_7I \, +TB_1/MW_1 /+GP-28 GP;4B ` 2 GOODHUE STREET ;-.,--.. TREET -�\` \ o I T TBS 58 1B-6B_ GP-3B 1 ` +18 TO-413 X08 + 1 CP-3 'TB-14 'j TB-6/MW-4I BRIDGE STREET LEGEND - FIGURE NUMBER: T + EOPROBE BORING (FEB. 2001) SITE PLAN o TEST PIT (FEB. 2007) ® PUBLIC STORAGE, INC. • SOIL TEST BORING (SEPT. 2001) INTERNATIONAL ` 4A MONITORING WELL (SEPT. 2001) 2 TECHNOLOGY PARK DRIVE 2 AND 12 GOODHUE STREET l NESTFORD. MASSACHUSETTS 01886 SALEM, MA PHONE: (976) 369-3000 FAX: (978) 589-3100 DRA'm BY: DAZE SCALE: 1' . 80' WEB: HTTP://WWW!ENSR.COM PRD,ECT NUMBER; BNEET NUMBER: J.E.B. 9/01 COPY OF DEP TRANSMITTAL FORM BWSC-106 & RAM COMPLIANCE FEE CHECK ' ryj Over 30 Years or Excellence in Environmental Services ' Massachusetts Department of Environmental Protection BWSC-106 Bureau of Waste Site Cleanup RELEASE & UTILITY-RELATED ABATEMENT Release Tracking Number MEASURE (RAM & URAMI TRANSMITTAL FORM Pursuant to 310 CMR 40.0444-0446 and 310 CMR 40.0462-0465(Subpart D) [3 - 21287 ' A. SITE LOCATION: Site Name: Vacant Parcel Street: 12 Goodhue Street Location Aid: ' City/Town: Salem . ZIP Code: 01970-2236 ❑ Check here if a Tier Classification Submittal has been provided to DEP for this Release Tracking Number. ' Related Release Tracking Numbers That This RAM or URAM Addresses: B. THIS FORM IS BEING USED TO: (check all that apply) ❑✓ Submit a RAM Plan(complete Sections A,S.C.D,E,F.J.K,L and M). ❑ Check here if this RAM Plan is an update or modification of a previously approved written RAM Plan. Date Submitted: ❑ Submit a RAM Status Report(complete Sections A,B.C.E,J,K,L and M). ❑ Submit a RAM Completion Statement(complete Sections A,B,C,D,E,G,J,K,L and M). ❑ Confirm or Provide URAM Notification(complete Sections A,B,H,K,L and M). ❑ Submit a URAM Status Report(complete Sections A,8,C,E,J.K.L and M). ' ❑ Submit a URAM Completion Statement(complete Sections A.B.C,D,E,I,J,K.L and M). You must attach all supporting documentation required for each use of form indicated,Including copies of any Legal Notices and Notices to Public Officials required by 310 CMR 40.1400. ' C. SITE CONDITIONS: ❑ Check here if the sourceof the Release or Threat of Reiease is known. If yes,check all sources that apply: © UST ❑ Pipe/Hoselt-ine ❑ AST ❑ Drums ❑ Transformer ❑ Boat ❑ Tanker Truck ❑ Vehicle ❑ Other Specify: Identify Media and Receptors Affected: (check all that apply) ❑ Air /❑ Groundwater ❑ SurfaceWater ❑ Sediments Q Soil ❑ Wetlands ❑ Storm Drain ❑ Paved Surface ❑ Private Well ❑ Public Water Supply ❑ Zone 2 ❑ Residence ❑ School ❑ Unknown ❑ Other Specify: Identify Release and/or Threat of Release Conditions at Site: (check all that apply) ' ❑ 2 and 72 Ebur Reporting Condifion(s) 0 120 Day Reporting Condition(s) ❑ Other Condition(s) Describe: Concentrations of VPH, EPH, Arsenic, Chromium and lead above applicable ' reporting thresholds in soil. RAMS may be conducted concurrently with an IRA only with written DEP approval URAMs may not be conducted if any 2 or 72 Hour conditions exist at the site. Identify Oils and Hazardous Materials Released: (check all that apply) Q Oils ❑ Chlorinated Solvents © Heavy Metals ' ❑ Others Specify D. DESCRIPTION OF RESPONSE ACTIONS: (check all that apply) ' Q Assessment and/or Monitoring Only ❑ Deployment of Absorbent or Containment Materials © Excavation of Contaminated Sails ❑ Temporary Covers or Caps QRe-use,Recycling or Treatment ❑ Bioremediation 1500 cubic yards Soil VaporExtraction O On Site � Off Site Est.Vol.: Y ❑ Describe: ❑ Structure Venting System ❑ Store O On Site O Off Site Est.Vol.: cubic yards ❑ Product or NAPL Recovery SECTION D IS CONTINUED ON THE NEXT PAGE. Revised 224/95 Supersedes Forms BWSC-007, 008, 009 and 010(in part) Page 1 of 4 ' Do Not Alter This Form Massachusetts Department of Environmental Protection BWSC-106 Bureau of Waste Site Cleanup RELEASE & UTILITY-RELATED ABATEMENT Release Tracking Number MEASURE (RAM & URAMI TRANSMITTAL FORM Pursuant to 310 CMR 40.0444-0446 and 310 CMR 40.0462-0465(Subpart D) a -f 212 07 ' D. DESCRIPTION OF RESPONSE ACTIONS(continuedl: Landfill _ ; Cover r) Disposal Est.Vol.: cubic yards n Groundwater Treatment Systems ' Removal o1 Drums.Tanks or Containers — Air Sparging Describe. _j Temporary Water Supplies Removal of Other contaminated media Temporary Evacuation or Relocation of Residents ' Specify Type and Volume: _ Fencing and Sign Posting Other Response Actions Describe: ' — See 310 CMR 40.0442 for limitations on the scope and type of RAMS. See 310 LMR 40.0464 for performance standards for URAMs. Check here if this RAM or URAM involves the use of Innovative Technologies. DEP is interested in using this Information to aid in creating an Innovative Technologies Clearinghouse. Describe Technologies: E. TRANSPORT OF REMEDIATION WASTE: (if Remediation Waste has been sent to an o0-she facility,answer the follming questions) Name of Facility: __.__.__- ' Town and Slate: -- Quantity of Remediation Waste Transported to Date: F. RAM PLAN: Check here tt this RAM Plan received previous oral approval from DEP as a continuation of a Urrited Removal Action(LRA). Date of Oral Approval ' W! Ira RAM Compliance Fee is required,check here to certify that the fee has been submitted. You MUST attach a photocopy of the payment. See 310 CMR 40.0444(2)to learn when a fee is not required. _ Check here if the RAM Plan is proposed for a Transition Site. if this is the case,you may need to attach an LSP Evaluation Opinion prior to undertaking the RAM.if not previously provided. Sea 310 CMR 40.0600 for further information about Transition Sites. G. RAM COMPLETION STATEMENT: If a RAM Compliance Fee is required in connection with submission of the RAM Completion Statement,check hem to certify that the fee has been submitted.You MUST attach a photocopy of the payment. You owe this fee when subr idirg a RAM Completion Statement if you received oral approval of a RAM that continued an LRA,and have NOT previously submitted a RAM Nan and accompanying fee. ' It any Remediation Waste will be stated,treated,managed,recycled or reused at the site following submission of the RAM Completion Statement,you must submit a Phase IV Remedy Implementation Plan,along with the appropriate transmittal form,as an attachment to the RAM Completion Statement. ' H. URAM NOTIFICATION: Identify Location Type: (check all that apply) rUr Public Right of Way i� Utility Easement Pnvate Property Identify Utility Type: (check all that appty) L._I Sankary/Combined Sewerage LI Water ❑ Drainage El Natural Gas Telephone I Steam Lines Telecommunications ❑ Electric Other Specify: Check here if you provided DEP with previous oral notification of this URAM. Date of Oral Notice: Check here H the property owner was NOT contacted prior to initiation of the URAM. If this is the case,you most attach an explanation of why the owner was not contacted.including the dale and time when contact ultimately occurred. Check here if this URAM will occur in connection with the construction of new public utilities. If this is the rase,document the nature and extent of encountered contamination,the scope and expense of necessary mitigation and the benefits arid limitations of project altematives. With the exception stated below,the person undertaking the URAM must provide the name and license number of an LSP engaged or employed in connection with the -- L --- SP Name' - — — LSP License Number. LSP information is not required if the URAM is limted to the excavation and/or handling of not more than 100 cubic yards of soil contaminated by Oil.or not pore than 20 cubic yards of soil contaminated either by a Hazardous Material or a mixture of a Hazardous Material and Oil ' Revised 2/24/95 Supersedes Forms BWSC-007, 008.009 and 010(in part) Page 2 of 4 Do Not Alter This Form ' Massachusetts Department of Environmental Protection BWSC-106 Bureau of Waste Site Cleanup RELEASE & UTILITY-RELATED ABATEMENT Release Tracking Number MEASURE (RAM & URAM) TRANSMITTAL FORM Pursuant to 310 CMR 40.0444-0446 and 310 CMR 40.0462-0465(Subpart D) - 212 07 ' I. URAM COMPLETION STATEMENT: Check here if this URAM was limited to the excavation and/or handling of not more than 100 cubic yards of soil contaminated by Oil,or not more than 20 cubic yards of soil contaminated by either a Hazardous Material or a mixture of a Hazardous Material and Oil. ' If any Remediation Waste will be stored,treated managed,recycled or reused at the site following submission of the URAM Completion Statement,you must submit either a Release Abatement Measure(RAM)Plan ora Phase IV Remedy Implementation Pian,along with the appropriate transmittal form,as an attachment to the URAM Completion Statement. ' J. LSP OPINION: 1 attest under the pains and penalties of perjury that I have personally examined and am familiar with this bansrrittal forth,including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of pre in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5).to the best of my knowledge. "lo,malion and belief. " ' > if Section B of this form indicales that a Release Abatement Measure Plan is being submitted,the response action(s)that is(are)the subject of this submittal(i)has(have)been developed in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000,(ii)is(are)appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in the applicable provisions of M.G.L.c.2 1 E and 310 CMR 40.0000 and(iii) complies(y)with the identified provisions;of all orders,penrits,and approvals Identified in this submittal: ' > if Section B of this form indicates that a Release Abatement Measure Status Report or a Udlify-Related Abatement Measure Status Report is being submitted,the response action(s)that is(are)the subject of this submittal(i)is(are)being implemented in accordance with the applicable provisions o M.G.L.c.21 E and 310 CMR 40.0000,If)is(are)appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(iii)complies(y)with the identified provisions of all orders,permits.and approvals klentiflex in this submittal: > if Section B of this form indicates that a Release Abatement Measure Completion Statement or a Ufffity-Related Abatement Measure Completion Statement is being submitted,the response action(s)that is(are)the subject of this submittal(t)has(have)bean developed and implemented in accorda with the applicable provisions of M.G.L.C.21 E and 310 CMR 40.0000.(ii)is(are)appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(IN)complies(y)with the Identified provisions of all orders, permits,and approvals identified in this submittal: I am aware that significant penalties may result,Including,but not limited to,possible fines and imprisonment,If I submit information which I know to be false.inaccurate or materially incomplete. ' Check here if the Response Action(s)on which this opinion is based,if any,are(were)subject to any order(s),permil(s)and/or approval(s)issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions thereof. Lawrence M. Hogan 9256 LSP Name: - LSP N: Stamp: ' 978-589-3000 3131 UP `v4 Y, Telephone: Ext: SN V- 978-589-3100 ." � Lnwrrence�t; FAX (optional) __.__. H If Signature: . /, Nc.9258 ' Dale: ..—_...__. e1�F(i/ST1�:ry�ec ; ' An LSP Opinion is not required for a Utility-Related Abatement Measufe. � P - it . An LSP Opinion is not required for a URAM Completion Statement if the URAM is limited to the excavation and/or nhandling of not more than too cubic yards of soil contaminated by Oil,or net more than 20 cubic yards of soil contaminated either by Hazardous Material or a mixture of Hazardous Material and Olt. ' K. PERSON UNDERTAKING RAM OR URAM: Name of Organization: Clayman Realty Limited Partnership Name of Contact: John Clayman - Title: President, Clayman Realty Corp. Street 804 Hale Street MA 01915 Beverly Farms grate,_ ZIP Code: CilyRown: ___ Telephone: 978-921-1659 Ext.: FAX: ' Check here if there has been a change in person undertaking the RAM or URAM. ' Revised 2/24/95 Supersedes Forms BWSC-007,008,009 and 010(in part) Page 3 of 4 Do Not Alter This Form 1 Massachusetts Department of Environmental Protection BWSC-106 Bureau of Waste Site Cleanup RELEASE & UTILITY-RELATED ABATEMENT Release Tracking Number MEASURE (RAM & URAM) TRANSMITTAL FORM zlz6T 1 Pursuant to 310 CMR 40.0444-0446 and 310 CMR 40.0462-0465(Subpart D) L. RELATIONSHIP TO SITE OF PERSON UNDERTAKING RAM or DRAM: (checkone) y, RP or PRP Specify: ✓) Owner Operator () Generator () Transporter Other RP or PRP: ' Fiduciary.Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21E,s.2) Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,s.5()) 1 Any Other Person Undertaking RAM or URAM Specify Relationship: M. CERTIFICATION OF PERSON UNDERTAKING RAM OR URAM: John Clayman 1 1 attest under the pains and penalties of perjury(i)that I have personally examined and am familiar with the information contained in this submittal.including any and all documents accompanying this transmittal form,(ii)that,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true.accurate and complete.and(iii)that I am fully aumorbed to make this attestation on behalf of the entity legally responsible for this submittal. I/the person or entity on whose behalf this subrruttal is made ams aware that there are significant penalties.Including,but not limited to. 1 possible fine and imprisonment,f 'Ilfu submittlnq false,inaccurate.or incomplete information. President, Clayman Realty Corp. 6 , _ Title: _.gnature) 1 ayman Realty Limit Partnership pate: For: (print name of person or entity recorded in Secfion K) Enter address of person providing certification,if different from address recorded in Section K: 1 Street:....._ _._. Cityrfowo: — State: ZIP Code: Telephone: ..._.-.__-- Ext: FAX:(optional) ' YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. 1 i 1 1 ' 1 1 Revised 2/24/55 Supersedes Forms BWSC-007,008,009 and 010(in part) Page 4 of 4 Do Not Alter This Form 1 ENSR CORP. - REMITTANCE ADVICE FOR CHECK NUMBER 29450 DATED 01/23/02 ' INVOICE INVOICE GROSS DISCOUNT NET DATE NUMBER AMOUNT AMOUNT AMOUNT ' 01/23/02 RAM FEE 01/23/02 500.00 500.00 1 ' TOTAL $500.00 i � ® s,ae /ns NO, 29450 FLEET BANK CONNECTICUT DATE 01/23x02 ENSW COW : - - �Technolo Park pdve M11ET pMQY, esttord,MA 01886 _ <, •«••••5500.00 �Y EXACTLY Five hundred and 00/1.00 Dollars TO THE DER COMMONWEALTH OF MASSACHUSETTS DEP1 �PO BOX 4062 BOSTONMA 02211 110000.29L. 50u+ IML 19004►. 51: 6765 .11' i M 1 1 1 , 1 i BORINGS LOGS FOR TB-5 AND TB-13 1 1 1 1 1 1 1 � �:% Over 30 Years of Excellence in Environmental Services Pro Clue.: 05555-66E��» Clieu: Public 661-1Storage,Inc. Boring Log Boring Number: TB-5/14W3 ' Site Loa.: V..t Parcel Sheet: 1 of 1 Well Data 12 Goodhue Sveel 2Teehoology Puk Dare Ground Elevation: Sulern,Mxesachugetw Wwrtord,MA 01886 Wemhee Strany]0F Well Depth: IF Drilling Method. Hollow-Stern Auger Screen Depth: 1' Project Manager:Allen Benner, ILogged By, M.Onello Dam Saeed, 9/1901 Baring Diameter 4.25' Screen Length: 10' Drilling Comonor:TDS lDrdle,Steve .. - Da.Finirhed 9/1901 Sampling Methad: split-spoon Water Depth _T NPth DePN LN��ple Blow Cnunu(2d') �� F 6 Few ldmuficeuon n�nn E_ E n 0-6 6-12 112-19118-24 f E LL 0 2'Diemner Srhdule b P.V.C. ' silt e SBmmwre Seel 1 blrk flnem medium SANG told GRAVFL,mm Auger CLaings Sarmld Poor Moil[ 1408 Patrolman odw 2.Schdule 40 P.V.0 Sloud 2 Wall Scrvo(SID ew8) 3 Peckd in Qtvm MM1U Sad 3 1 ' 4 61st fine to medium SAND ed GRAVEL,nem sin 5 Pamwum oda �I' �I1II,I 5 ' 6 bled fine to ilium SAND end GRAVEL tram aid �;' b 1 2 2 26 16 Pow Moja 1149 pcwkum odor,exRaaivctdd hih ddda 1� '' 8 TB S 8 9 T-9' ]'-9' 1 1 2 2 24 IB Poor Moirt 6A 9 I 10 b!"fire to medium SAND ell GRAVE].,trice silt 10 ' 11 10-11' 40 60/6- 12 12 Paw I We 848 Imre dor,esmmiw reel tide debris, testi 11 12 Basmm o(Bwiag®IT Refianl Encountered 12 13 13 34 U S 5 16 16 3] IT 18 18 Sq 19 20 21 21 22 22 23 23 24 24 25 29 26 26 27 27 29 28 29 29 ' 30 30 31 31 32 32 33 33 34 34 35 35 36 36 1 ' Prjecr: 05555-661-100 Boring Log client. Public Storage,lac. Boring Number: TB-13 ' Site Incus: vuant Parcel Sheer. I of l Well Data 12 Goodhue Street 2Twharlogy Park Drive Ground Elevation: Salem.Massachusetts Westford.MA 01886 Weather: Sunny 70F Well Depth: Drilling Method: Hollow-Stem Auger Screen Depth: Project Manager:Allen Beaten Ingged By:M.Ofie11O Dme Smned: 9Q 1 Baring Diameter: 425' Screen Length: t Driflie8 eonrunor:MS Driller,Smve _ _ Date FinvAedep: 9DON1 sarstolin,Method S lit-S oon Water De r5: _ _ c Scruple 4bsarople Blow Courts U.) 5 E q Deswipfion $ n Dcptn Number a9 g a — ti B°y' R.W lderfificat. g F LL 00 0-6 6-12 12-IB 11-24 m P LL ' 1 T 43 1 1 1 1 1 Black fine to nrdimn SAND.sour grew),fine sin - 2 0-2' 0'-2Auger C mugs Souped Poor Moist 1582 petroleum oder 2 3 4 4 5 5 s' 6 "he"r m medium SAND,soas""el. time silt 6 S-T 17 21 15 19 24 20 Parr Moist 1182 pebalosm Odor.exremiw rdMh de6da 7 9 BlniBnem medium SAND.some gnwl,8me silt g 8 9 12 Il 24 W Pow Man 607 peadamadm,extemiw redhide debris . 9 BIrY Baem araiam sArm,aame®awl,acme an 10 pa6Obam om.,ememiw rd b3ae acrd: 10 ' 11 -T-11' Il 18 12 N L M Pow We 82 (3esy staranti II 12 Betmm Ol Bwiue 011' 12 NO RefuaW 13 13 14 14 15 IS 16 6 7 18 18 ' 9 19 20 20 21 21 22 23 24 24 25 zs 26 26 21 27 29 29 ' 29 29 30 JO 31 31 ' ]2 32 33 33 34 34 35 35 36 36 AL, Florence MD,Columbia TX, Dallas , E �® AK,Anchorage 10 MA, 884-92Ai TX, Houston AK,Anchorage MA, Harvard Air Lab TX, Houston (907)561-5700 (978) 772-2345 (713)520-9900 ' AK, Fairbanks MA, Sagamore Beach TX, San Antonio (907)452-5700 (508)888-3900 (210)590-8393 CA,Alameda MA,Westford WA, Redmond (510) 748-6700 (978)589-3000 (425)881-7700 ' CA, Camarillo MA,Woods Hole (805)388-3775 (508)457-7900 ENSR International CA,Glendale MN,Minneapolis U.S.A.,MA,Westford ' (818)546-2090 (952)924-0117 (978)589-3232 CA, Irvine NJ, Piscataway (949) 752-0403 (732)457-0500 Bolivia CA, Sacramento NY,Albany Brazil ' (916)362-7100 (518)453-6444 Canada CO, Ft.Collins NY,Metro Area China, Hong Kong (970)493-8878 (914)347-4990 Ecuador ' Ft.Collins Tox Lab NY, Rochester Germany (970) 416-0916 (716)381-2210 Italy CT, Stamford NY,Syracuse Malaysia (203)323-6620 (315)432-0506 Mexico ' CT,Willington NC, Raleigh Philippines (860)429-5323 (919) 571-0669 Turkey FL,St. Petersburg OH,Cincinnati (727) 898-9591 (513)985-9186 United Kingdom , FL,Tallahassee OR, Portland Venezuela (850)385-5006 (503) 224-7338 GA, Norcross PA, Langhorne Internet , (770)381-1836 (215) 757-4900 www.ensr.com GA, Savannah PA, Pittsburgh (912) 898-0015 (412).261-2910 IL, Chicago SC, Columbia ' (630) 836-1700 (803) 216-0003 ME, Portland TX,Austin (207) 773-9501 (512) 336-2425 ' Rev d.1N1 , FEE E111ECD AYER REALTY, LLC R 500 Broadway ;r-I n r ,, o. S-, Everett, Massachusetts 02149 '' (Bus.) 617-387-1700 (Fax.) 617-387-2152 S,8\I EM February 5, 2002 Assessor's Office City of Salem Salem City Hall 93 Washington Street Salem, MA 01970 Dear Sir or Madam: Please accept this letter as an official notification of a change of address for Ayer Realty, LLC, the Property Owner of Record for 28 Goodhue Street, Salem, MA 01970. We would appreciate if you would mail all correspondence, including, but not limited to, municipal property tax bills and statutory and all other notifications, to: Ayer Realty, LLC Go Kennedy Development Group, Inc. 500 Broadway Everett, MA 02149 In addition, we would sincerely appreciate if you would inform the City of Salem's Planning Board, Board of Appeal, Conservation Commission, City Clerk's Office, Building Inspector's Office and any and all other Boards and Commissions of this change of address notification. Thank-you. Very truly yours, Stephen G. Finn General Counsel cc/spb cc/sba cc/scc cc/scc cc/sbi 4 _ i 1 1 ' MASSACHUSETTS WETLANDS PROTECTION ACT REQUEST FOR DETERMINATION OF APPLICABILITY for ' Release Abatement Measure 12 Goodhue Street EPRT@ Salem, Massachusetts ' Prepared for: t Public Storage, Inc. 701 Western Avenue Glendale, CA 91201 Prepared by: ENSR Corporation ' 2 Technology Park Drive Westford, MA 01886 1 t January 30, 2002 1 . ENSR International 2 Technology Park Drive ! Westford, MA 01886-3140 (978)589-3000 FAX(978)589-3100 January 30, 2002 www.ensr.corn ! Salem Conservation Commission ! City Hall 93 Washington Street Salem, MA 01970 ! RE: Request for Determination of Applicability Removal of Contaminated Soil to Comply with Release Abatement Measure(RAM) ! 12 Goodhue Street, Salem, Massachusetts Dear Commission Members: On behalf of Public Storage, Inc. (project applicant) and Clayman Realty Limited Partnership (property owner), we are submitting the attached Request for Determination of Applicability ! (WPA Form 1) for resource areas under the jurisdiction of the Wetlands Protection Act (WPA) and its regulations (310 CMR 10.00). Enclosed are ten copies of the application and supporting ! documentation. Two copies have been forwarded to the MADEP Northeast Regional Office. A copy was also sent to the property owner, John Clayman. ! We request that you schedule this matter for a Hearing at the meeting set for February 14, 2002. If you have any questions, please contact me or Brenda Bhatti at 978-589-3000. Thank you. ! Sincerely, ENSR Lawrence M. Hogan, LSP renda L. Bhatti Senior Project Manager Environmental Biologist ' Enclosure: WPA Form 1 Package Form 1 Project Narrative ! Figures 1 & 2 Appendix CC: MADEP NERO BRP Evelyn Hubel, Public Storage, Inc. ' George Atkins, Esq. John Clayman, Clayman Realty Limited Partnership ! ® Over 30 Years of Excellence in Environmental Services Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1 - Request for Determination of Applicability City/rown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information ' Important: When filling out 1. Applicant: forms on the Public Storage Inc. ' Coto mmove your puter,use Name E-Mail Address only the tab key 701 Western Avenue cursor-do not Mailing Address ' use the return Glendale CA 91201 key. City/Town State Zip Code (818) 244-8080 (818)241-9489 Phone Number Fax Number(if applicable) ' 2. Representative(if any): " ENSR Firm Lawrence M Hogan Ihogan@ensr.com Contact Name E-Mail Address 2 Technology Park Drive Mailing Address Westford MA 01886 City/Town State Zip Code 978-589-3000 978-589-3000 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). The fill area identified on Figure 2 as"Disturbed Area" is required to be removed and remediated under a Release Abatement Measure (RAM) under the Massachusetts Contingency Plan (MCP)(310 ' CMR 40.0000). Up to 1500 yards of soil and fill will be removed to reduce concentrations of petroleum in the soil in accordance with that RAM (Appendix A). The selected alternative is adequate for work in the Riverfront Area as required by the MCP. This work will improve the Riverfront Area ' by reducing the amount of petroleum in the environment. v forml.dw•rev.07100. Page 1 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). 310 CMR 10.58(5)- Redevelopment Within Previously Developed Riverfront Areas; Restoration and Mitigation 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.) ' See Release Abatement Measure (Appendix A) ' wpafo Loot•rev.02/00. Pape 3 of 4 1 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands Salem ' WPA Form 1 - Request for Determination of Applicability cityrrown 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): 12 Goodhue Street Salem ' Street Address cityrrown 15 0300-0 Assessors Map/Plat Number ParoeVLot Number ' b. Area Description (use additional paper, if necessary): The site is at the corner of Goodhue Street and Bridge Street(Figure 1). This property is 2.349 acres of heavily disturbed and compacted urban land within the Ind.-Whs. zone. It contains two dilapidated ' commerical buildings that are currently unused. ' c. Plan and/or Map Reference(s): ' Locus Map (Figure 1) 01/02 Title Date Site Plan for Release Abatement Measure (Figure 2) 01/02 ' Title Date Title Date ' 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): See attached Narrative 1 wpafarml.dw•rev.02M. Pape 2 of 4 Massachusetts Department of Environmental Protection t Bureau of Resource Protection - Wetlands Salem City/Town WPA Form 1 - Request for Determination of Applicability ' 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: John Clayman President Clayman Realty Limited Partnership ' Name 804 Hale Street Mailing Address ' Beverly Farms city/town MA 01915 State Zip Code ' Signatures: ' Ialso erstand that notification of this Request will be placed in a local newspaper at my expense in acc rd ce with tion 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Publi S ra I . ' %y David Ristig, Senior Vice President Signa a fApplicant Date . �i 14? �X ' ignature of Representative('rf any) Date 1 ' Pap 4of4 wpeforcnl.tlac- v.02N0. E®. t PROJECT NARRATIVE ' 1.0 Introduction and Overview ' This Request for Determination of Applicability (RDA) application has been prepared by ENSR on behalf of Public Storage, Inc. (project applicant) and Clayman Realty Limited Partnership (property owner) in accordance with Massachusetts Wetlands Protection Act (MWPA)(MGL Ch. ' 131, s.40) and its Regulations (310 CMR 10.00). The proposed project involves removal and remediation of petroleum impacted soil on a portion of the site at 12 Goodhue Street in Salem, MA (Figure 1) as part of a Release Abatement Measure (RAM; Appendix A) in compliance with the Massachusetts Contingency Plan (MCP)(310 CMR 40.0000). ' The North River forms the northeasterly property boundary. The remediation area is within Riverfront Area and Buffer Zone to the Bank. According to the Federal Emergency Management ' Agency (FEMA) Flood Insurance Rate Map for Salem, Panel# 250102-0001 B (August 5, 1985), much of the site lies within the 100 year flood plain of North River. Therefore, it is also within an area that is Bordering Land Subject to Flooding (BLSF). The Resource Areas are shown on the attached Site Plan (Figure 2). ' 2.0 Existing Conditions The property is an abandoned industrial facility with various historical uses that are documented in the attached RAM plan. The land is primarily unvegetated as is typical of developed urban centers. The remediation project is within a previously heavily disturbed and compacted Riverfront Area, BLSF, and buffer to Bank. The Riverfront area is not in a natural condition since the North River at this location has been channelized by stone retaining walls. The proposed site will now be managed under a RAM plan under the MCP that is subject to review and approval by the Massachusetts Department of Environmental Protection (DEP). This ' work is a precursor to redevelopment of this site. ' 3.0 Proposed Activity The proposed project is to remove up to 1500 cubic yards of petroleum-contaminated soil adjacent to the concrete vertical wall that maintains North River in its channel. The specific protocol for removing the soil is detailed in the attached RAM. Approximately 3,400 square feet of previously-disturbed Riverfront area is included in the project. Since the entire area is within the 100-feet-wide Buffer Zone to Bank of the North River, removal of the soil will impact approximately 3,400 square feet of Buffer Zone. There will be no net loss of BLSF as a result of this proposed cleanup work because the cleanup area will be returned to existing graded prior to completion of the remediation work. Prior to remedial work in the project area, silt fences will be erected as shown on the project plans. These erosion control devices will be maintained throughout the duration of the project and until ' loamed and seeded areas are stable. E®. ' The result of the cleanup effort will be an improvement to the conditions in the Riverfront area and Buffer Zone to Bank. 4.0 Summary The project is a cleanup of contaminated soil in accordance with a RAM plan associated with the MCP. Previously disturbed Riverfront Area, and Buffer Zone to Bank, will be minimally impacted. There will be no net loss of Bordering Land Subject to Flooding. The result will be an ' improvement to the existing condition of these wetland resource and related areas. We ask the Salem Conservation Commission to find that the proposed project represents insignificant impact under the interests of the Wetlands Protection Act, and issue a Negative Determination allowing the project to proceed as described in this document and the attached RAM plan. 1 1 it 1 ,A; �1 • fi yL w �\ 1 I\\i IP -�P' N S .rQ � _ Yi {' •' �`�\�(� C � , � jj� � }J4fi i � r)� r 'CS `"L��,„yw I s` .� ��"; `C /�'°> 8� � J1s` 1,� �`<i- rF t m O<;� r�s� �".�k•'� $s,i �rC� � x�i r v� '. a i �� �t'.. � , :.i /� ... .nSx.� ♦y�J r 4..�" a 0 Ir �� •( •. '��`' t 'cr 7�r� a`S4$��i `�, s t v a M r" 1 "`S' de � ^' r+.'�� .I /ate;� t.- F�� /' l �� � ' M � � % g / < J J •:+OJn ' ' t 5 - � "� ` \ �A so 1. 8 iA� o o r< <i �•U ,. l k SITE LOCATION ire4 j ,rt awrm21a2 � ' • Y� S ry. h ayn ' ♦ I :rh: 9 � � � d� • 1 � �: �' '� > alma,. .•. •�, ✓J 2 0 :. r S s' SCALE 1:24,000 ' 0.5 0 0.5 1 Miles 1000 0 1000 2000 3000 4000 5000 6000 7000 Feel 1 0 - 1 Kilometers u ' Site LOCUS Figure 1 Request For Determination Public Storage, Inc. of Applicability ' a a 12 Goodhue Street Uses Quadran0,• Salem, Massachusetts NNO .,.m. •e•••=•=e�••M• Job Number 05555661 1 Appendix A Release Abatement Measure Plan 1 E 1 RELEASE ABATEMENT MEASURE PLAN 12 Goodhue Street Salem, Massachusetts RTN#. 3-21287 January 28, 2002 Site Contacts: Lawrence M. Hogan, P.G., LSP Clayman Realty Limited Partnership ENSR International, Inc. P.O. Box 5532 (Environmental Consultant for Site Owner) 804 Hale Street 2 Technology Park Drive Beverly Farms, MA 01915 Westford, Massachusetts 01886 Phone (978) 921-1659 Phone: (978) 589-3000 This Release Abatement Measure (RAM) Plan is being submitted under 310 CMR 40.0000, the Massachusetts Contingency Plan (MCP), for the disposal site located at 12 Goodhue Street, Salem, Massachusetts and identified by Release Tracking Number (RTN) 3-21287. The site location is shown on Figure 1, Site Locus, and pertinent site features are shown on Figure 2, Site Plan. This RAM Plan contains the required information as specified in 310 CMR 40.0444 and is being submitted under the cover of DEP form Release & Utility-Related Abatement Measure Transmittal Form BWSC-106. A copy of this form is attached, along with a copy of the required RAM Compliance fee. BACKGROUND INFORMATION ENSR previously conducted a Phase I Environmental Site Assessment (Phase 1) report, dated January 8, 2001, as well as two subsurface assessments of the site. The first subsurface assessment is summarized in a report, dated March 9, 2001, and the second subsurface assessment report has yet to be completed. ENSR's Phase I identified concerns regarding the historical use of the subject property. These concerns include the following: 1. Verbal reports that the subject property is located in an area of Salem that utilized fill material (in the 1800s), 2. Historical use of the site by a variety of tannery operations from approximately 1890 until circa 1960, 3. The former use of a portion of the site by a company which reclaimed chemicals and precious metals from chemical waste between circa 1984 and 1989, and 4. The existence of an abandoned fuel oil underground storage tank (of unknown capacity) along the southeastern side of the abandoned brick boiler house on-site. �j As part of the two subsurface assessments conducted by ENSR at the site, four test pits (TP-1 through TP-4), 10 Geoprobe® borings (GP1 though GP-10), and 14 test borings (TB-1 through 1 = Over 30 Years of Excellence in Environmental Services E ® TB-14) have been advanced at the subject parcel. The locations from which soil and ' groundwater samples have been collected are illustrated on Figure 2, Site Plan. Analysis of soil samples collected from these locations have identified the following exceedences of the applicable Method 1 S-2/GW-3 and S-3/GW-3 standards: volatile petroleum hydrocarbons (VPH) fractions at two locations (TB-5 and TB-13), extractable petroleum hydrocarbons (EPH) fractions at five locations (GP-2, GP-10, TB-1, TB-2 and TB-3), phenanthrene at one location (TB- 1), benzo(a)anthracene at five locations (GP-4, GP-7, TB-1, TB-2 and TB-3), benzo(b)fluoranthene at five locations (GP-4, GP-7, TB-1, TB-2, and TB-3), benzo(a)pyrene at seven locations (GP-4,TB- 1, TB-2, TB-3, TB-4, TB-5, and TB-6), ideno(1,2,3-cd)pyrene at four locations (TB-1, TB-2, TB-3, and TB-4), arsenic at eight locations (TP-2, GP-1, GP-3, GP-7, GP-8, GP-9, TB-5 and TB-7), ' chromium at two locations (GP3 and GP8), and lead at three locations (GP-5, GP-8 and TB-3). The concentration of the C9-C10 aromatic hydrocarbon fraction in TB-5 and TB-13 exceeds the upper concentration limit (UCL). An exceedence of the UCL indicates that there is potential risk to human health and the environment. Analysis of groundwater samples from four site monitoring wells identified exceedences of applicable Method 1 GW-3 standards in well MW-3 for VPH in the C9 to C10 aromatic hydrocarbons range, for EPH in the C9 to C18 aliphatic hydrocarbon range, and lead. Based on the assessments performed, the soil impacted with petroleum and metals concentrations in excess of applicable Method 1 standards appears to be pervasive across the site. Concentrations of compounds of concern above applicable Method 1 standards have been t identified in soil collected from depths between 0 to 12 feet below surface grade (BSG). SITE DESCRIPTION 1 Site Conditions The subject property is located at the northeastern intersection of Goodhue Street and Bridge ' Street, consists of approximately 2.349 acres of land, and is largely vacant. The site is fenced and is accessed by gates located along both Goodhue and Bridge Streets. The site is bound to the north by a vacant industrial structure and to the east by the North River Canal, a tidal surface water stream. Approximately five percent of the site is occupied by two structures, an abandoned one-story brick boiler house in the eastern portion of the site and a one-story abandoned wood shed in the central portion of the site. An abandoned concrete underground storage tank (UST) is present immediately adjacent to the southeastern side of the boiler building. The remainder of the property is covered with unpaved gravel. Surrounding Receptors The subject property is located in an area of historic heavy industrial usage including tanneries, auto repair shops, and plastics manufactures. No surface water or suspect wetland areas were observed on-site during ENSR's Phase I, however, as mentioned above, the site is bound to the east by the North River Canal, a tidally influenced surface water body. Groundwater beneath the subject property is not a potential drinking water source as defined by the MCP. 2 �a'S Over 30 Years of Excellence in Environmental Services E No other environmental receptors were identified within 500 feet of the subject. The nearest residential dwellings are located approximately 150 feet west to southwest of the site. OBJECTIVES This document presents a plan and implementation schedule for an excavation program that will remove soil that exceeds the UCL for C9-C10 aromatic hydrocarbons located in a disturbed area along the eastern margin of the site (in the vicinity of TB-13 and T13-5/MW-3). The approximate 1 horizontal extent of impacted soil is depicted on Figure 2. The objective of this program will be to remove a volume of soil sufficient to reduce contaminant exposure point concentrations (EPCs) at the site to levels below the UCL. In addition, this plan also covers the removal of the abandoned ' concrete UST located adjacent to the former boiler building. It is not anticipated that soil will be removed from the vicinity of the UST since assessments completed to date indicate that there is a large area of petroleum impacted soil extending both westward and eastward from the UST. Based on the assessments performed, it is not practical to remediate this soil through excavation and preliminary evaluation pursuant to MCP risk assessment requirements and DEP guidance indicates that the soil does not pose a significant risk under current and foreseeable site use. Accordingly,the removal of any petroleum contaminated soil encountered associated with the removal of the abandoned UST is not an objective of this RAM Plan. SPECIFIC PLAN AND SCHEDULE ENSR will excavate and remove up to 1,500 cubic yards of petroleum and metals impacted soil in the vicinity of the disturbed area along the eastern margin of the site. ENSR will direct the excavation of impacted soil based on screening with a photoionization detector (PID) as well as visual observation. Soil that is not impacted will be segregated and stockpiled pending use as backfill material. Soil that exhibits no odor or staining and a PID response of less than 10 parts per million (ppm) will be considered clean. Based on the boring logs completed for TB-5 and TB-13, soil that is impacted with C9-C10 aromatics above the UCL yields PID readings of greater than 100 ppm. Copies of the TB-5 and TB-13 borings logs are attached. Soil with PID readings above 100 ppm will be considered impacted above the UCL for the purposes of this RAM Plan. Such impacted soil will be placed on and covered with 6-mil polyethylene sheeting and disposed of under Bill of Lading documentation at a state-approved disposal recycling facility, pending laboratory analysis of appropriate disposal parameters. Soil that is impacted with readings between 10 and 100 parts per million may also be segregated for disposal depending upon the volume of soil that has been removed that has readings above 100 ppm. If soil that is impacted between 10 and 100 ppm on the PID is not segregated for disposal, it will be placed back in the excavation and covered with plastic sheeting. The remainder of the excavation will then be backfilled with clean compactable fill. Since the excavation is to be conducted in close proximity to the wall of the North River Canal, work will be performed in accordance with applicable Rivers Act and Wetland Regulations (see Applicable Permits section below). Siltation control will be installed along the canal wall to mitigate the transportation of sediment into the canal. Removal of the abandoned concrete UST will involve the excavation of soil from its top and along its sides. It is anticipated that the tank will either be lifted directly from the excavation after approval by the Salem Fire Department or, if the UST is too heavy to lift directly, that it will ' 3 +ate Over 30 Years of Excellence in Environmental Services � E 1 be fractured in place and lifted out in sections. The latter approach will be subject to approval by the Salem Fire Department. As discussed above, evaluation of the soil surrounding the UST to date has indicated that petroleum contaminated soil is present; however preliminary risk assessment calculations indicate that it does not pose a significant risk for current and foreseeable site use. Therefore, any soil excavated will be placed back into the excavation. The excavation will then be lined with plastic and then backfilled with clean compactable fill. Implementation Schedule Activities associated with the RAM will commence as soon as possible following either written receipt of approval from DEP or the date of presumptive DEP approval (21 days after submittal ' of this RAM Plan). RELEASE ABATEMENT MEASURES ' ENSR is proposing to excavate the contaminated soil beneath a visibly disturbed area along the eastern margin of the site to reduce exposure point concentrations in this area to below the UCL. In addition, ENSR is proposing to remove an abandoned concrete UST located adjacent to the southeastern side of the former boiler building. Soil Excavation and Confirmatory Sampling ENSR will collect a minimum of six composite soil samples from the limits of the eastern excavation, including one sample from each excavation sidewall and two samples from the bottom of the excavation. Soil samples will be submitted to a State-certified testing laboratory for VPH, EPH and priority pollutant (pp13) metals. If screening results indicate that a sufficient volume of impacted soil has been removed, ENSR will backfill the open excavation using clean ' soil provided by ENSR's subcontractor. Two composite soil samples will be collected from the UST excavation for analysis of EPH and 1 VPH. One composite will be collected from the sidewalls and one from the bottom of the excavation. These data will be used along with the data collected during the assessments completed to date to generate an Exposure Point Concentration (EPC) for the petroleum impacted soil located in this portion of the site. The EPC will be used to assess risk associated with the site. Management of Remediation Wastes 1 The material excavated from the eastern area will be stockpiled on 6-mil polyethylene sheeting and covered with the same or heavier material pending laboratory characterization and selection of a suitable off-site disposal location. The material generated will be transported for final disposal.within 120 days of stockpiling using the Bill of Lading process described in 310 CMR 40.0034 of the MCP. 4 *.';� Over 30 Years of Excellence in Environmental Services � E No soil is expected to be removed from the abandoned concrete UST excavation. Any liquid wastes within the UST will be pumped out and transported off-site by a licensed waste hauler for off-site disposal at a licensed disposal facility. The tank itself will be cleaned by pressure washing and then disposed of at a State-licensed tank dismantling facility. The liquid wash water will be contained and disposed of off site under uniform hazardous waste manifest and disposed of at a licensed disposal facility. APPLICABLE PERMITS Permits that may be required include the following: A tank removal permit from the Salem Fire Department. • All soil that is transported off-site to a disposal facility will be approved by a Licensed Site Professional (LSP) and documented with a Bill of Lading signed by the generator in accordance with the requirements of the MCP 310 CMR 40.0034 and 40.0035. • Because the RAM is planned within 200 feet of the North River Canal, ENSR will submit a Request for Determination of Applicability (RDA) to the Salem Conservation Commission (Con Com). The RDA filing will yield a determination from the Con Com on whether or not a Notice of Intent will be needed. 1 1 5 �.7a' Over 30 Years of Excellence in Environmental Services � E® 1 1 1 FIGURES 1 ' Over 30 Years of Excellence in Environmental Services `■� IN 411 WEM PJIF F, N®R k we .! � Via► _ ,.__��v ���{��� ,�. �o���a X11►_ ®�a�'-���. �.t ����®�_� �.���®► SIVINgow 0;=�t 1 *11. r go% KY 1 10?A rFi 4� u':t1 , WSJ,,J , iffl�m V40!2W Awl A1,I � L4� Massachusetts,! V Source: USGS N Minute Topographic Quadrangle, /NTERNAT/ONAL - GoodhueSCALE 2-12 I Salem, Massachusetts ® �' ENAME: 555519A.DWG /T8-1\� / �Hp 4 / GP}5 CHs PROPERTY`` .// \ U / } � GP±7 • CP-9 . TB-9 4/ TB-4/MW-2 o e \ / / •TB-8 TP-4 GPtB Jam/ 12 GOODHUE STREET \/ / TS 12 / TP-3I}GP-10 iAPPROXIMATERAM C7 Ea7 A EXCAVATION AREA �BEq/S Y OkABANDONEDYE'.b�s,1-� /.TB-13 / / TOIi }GP-4 sly CONCRETE UST B 0406: I, TP-2 / TB-5/ / ��-3 WlOift o MW-� `\TB�2 iOP-1 B / �-2 v / TB-18 TS-7 //}GP-28 GP+4g I / 2 GOODHUE STREET \ o I TB-6B 1 TB-58 _ GP-38 1 }TB •TB-46 C } _ Gp_ 1 3 ��--�� _ •78-14 } TB-G/MW-4 i BRIDGE STREET LEGENn T Rp1RE NUMBER; } GEOPROBE BORING (FEB. 2001) SITE PLAN 0 SOIL PIT (FEB. 2007) ® PUBLIC STORAGE, INC. • SOIL TEST BORING (SEPT. 2001) I TERNATIONAL - ` MONITORING WELL (SEPT. 2001) TECHNOLOGY PMN DRIVE' 2 AND T2 GOO�HUE STREET z STFORD. MASSACHUSETTS 01886 SALEM, MA ONE: (978) 589-MW SCALB: HnP '589-37EN NH BT: DA1E: //WWW.ENSR.COM PROJECT NUMBER- .................... UMBIk SHEET NUMBER; J.E.B. 9/01 ic;rl; Tn � 1 1 1 1 1 1 COPY OF DEP TRANSMITTAL FORM BWSC-106 & RAM i COMPLIANCE FEE CHECK 1 i i i 1 i 1 i :% Over 30 Years of Excellence in Environmental Services Massachusetts Department of Environmental Protection BWSC-106 Bureau of Waste Site Cleanup RELEASE & UTILITY-RELATED ABATEMENT Release Tracking Number MEASURE (RAM & URAMI TRANSMITTAL FORM Pursuant to 310 CMR 40.0444-0446 and 310 CMR 40.0462-0465(Subpart D) a ' 21287 ' A. SITE LOCATION: Site Name: Vacant Parcel Street: 12 Goodhue street Location Aid: ' City/Town: Salem ZIPCode: 01970-2236 ❑ Check hem if a Tier Classification Submittal has been provided to DEP for this Release Tracking Number. Related Release Tracking Numbers That This RAM or URAM Addresses: B. THIS FORM IS BEING USED TO: (check all that apply) ❑✓ Submit a RAM Plan(complete Sections A,B.C,D,E,F,J,K,L and M). - ❑ Check here if this RAM Plan is an update or modification of a previously approved written RAM Plan. Date Submitted: ❑ Submit a RAM Status Report(complete Sections A,B,C,E,J,K,L and M). ' ❑ Submit a RAM Completion Statement(complete Sections A.B,C,D,E,G,J,K,L and M). ❑ Confirm or Provide URAM Notification(complete Sections A,B,H.K,L and M). ❑ Submit a URAM Status Report(complete Sections A,B,C.E.J.K.L and M). ❑ Submit a URAM Completion Statement(complete Sections A,B,C.D.E,1,J.K.L and M). You must attach all supporting documentation required for each use of form indicated,including copies of any Legal Notices and Notices to Public Officials required by 310 CMR 40.1400. ' C. SITE CONDITIONS: SII ❑ Check here if the source of the Release or Threat of Release is known. If yes,check all sources that apply: 0 UST ❑ Pipe/Hosell-ine ❑ AST ❑ Drums ❑ Transformer ❑ Boat ❑ Tanker Truck ❑ Vehicle ❑ Other Specify: Identify Media and Receptors Affected: (check all that apply) ❑ Air Q Grokmdwater ❑ Surface Water ❑ Sediments ❑✓ Soil ' ❑ Wetlands ❑ Storm Drain ❑ Paved Surface ❑ Private Well ❑ Public Water Supply ❑ Zone 2 ❑ Residence ❑ Schcd ❑ Unknown ❑ Other Specify: Identify Release and/or Threat of Release Conditions at Site: (check all that apply) ' ❑ 2 and 72 Four Reporting Condition(s) ✓❑ 120 Day Reporting Condition(s) ❑ Other Condition(s) Describe: Concentrations of VPH, EPH, Arsenic, Chromium and lead above applicable ' reporting thresholds in soil. RAMS may be conducted concurrently with an IRA only with written DEP approval URAMs may not be conducted If any 2 or 72 Hour conditions exist at the site. Identify Oils and Hazardous Materials Released: (check all that apply) Q Oils ❑ Chlorinated Solvents 0 Heavy Metals ' ❑ Others Specify: D. DESCRIPTION OF RESPONSE ACTIONS: (check all that apply) ✓❑ Assessment and/or Monitoring Only ❑ Deployment of Absorbent or Containment Materials QExcavation of Contarninated Soils ❑ Temporary Covers or Caps Re-use,Recycling or Treatment ❑ Bioremediation 1500 yards Soil Vapor Q On Site lo Off Site Est.Vol.: cubic Y ❑ Extraction Describe: ❑ Structure Venting System ' ❑ Store O On Site O Off Site Est.Vol.: cubic yards ❑ Product or NAPL Recovery SECTION D IS CONTINUED ON THE NEXT PAGE. Revised 2/24/95 Supersedes Forms BWSC-007, 008, 009 and 010(in part) Page 1 of 4 ' Do Not Alter This Form Massachusetts Department of Environmental Protection BWSC-106 Bureau of Waste Site Cleanup ' RELEASE & UTILITY-RELATED ABATEMENT Release Tracking Number MEASURE (RAM & URAMI TRANSMITTAL FORM Pursuant to 310 CMR 40.0444-0446 and 310 CMR 40.0462-0465(Subpart D) [ -L-287 ' D. DESCRIPTION OF RESPONSE ACTIONS(continued): Landfill _ ; Cover C) Disposal Est.Vol.: cubic yards Groundwater Treatment Systems 1 Removal of Drums.Tanks or Containers Air Sparging Describe: ___.. _ _.. —_.___ . _j Temporary Water Supplies Removal of Other Contaminated Media Temporary Evacuation or Relocation of Residents ' Specify Type and Volume: _ Fencing and Sign Posting Other Response Actions Describe: 1 — See 310 CMR 40.0442 for limitations on the scope and type of RAMS. See 310 CMR 40.0464 for performance standards for URAMs. Check here if this RAM or URAM involves the use of Innovative Technologies. DEP is interested In using this information to aid in creating an Innovative Technologies Clearinghouse. ' Describe Technologies: E. TRANSPORT OF REMEDIATION WASTE: (if Remediation Waste has been sent to an off-site facility,answer the following questions) Name of Facility: ' Town and State: Ouantity of Remediation Waste Transported to Date: F. RAM PLAN: Check here d this RAM Plan received previous oral approval from DEP as a continuation of a United Removal Action(LRA). Date of Oral Approval: ' W If a RAM Compliance Fee is required,check here to certify that the fee has been submitted. You MUST attach a photocopy of the payment. See 310 CMR 40.0444(2)to learn when a fee is not required. _ Check here if the RAM Plan is proposed for a Transition Site. If this is the case,you may need to attach an LSP Evaluation Opinion prior to undertaking the RAM,if not previously provided. See 310 CMR 40.0600 for further Information about Tmnsi0on Sites. ' G. RAM COMPLETION STATEMENT: It a RAM Compliance Fee is required in connection with subdission of the RAM Completion Statement.check here to certify that the fee has been submitted.You MUST attach a photocopy of the payment. You owe this fee when submitting a RAM Completion Statement g you received oral approval of a RAM that continued an LRA,and have NOT previously subr fitted a RAM Plan and accompanying fee. ' If any Remediation Waste will be stored,treated,managed,recycled or reused at the site following submission of the RAM Completion Statement,you must submit a Phase IV Remedy Implementation Plan,along with the appropriate transmittal form,as an attachment to the RAM Completion Statement. H. URAM NOTIFICATION: _ ' Identity Location Type: (creek all that apply) IJ Public Right of Way Utility Easement Private Property Identify Utility Type: (check all that apply) ❑ Sanitary/Combined Sewerage Lj Water ❑ Drainage Natural Gas 'i Telephone Steam Unes ❑ Telecommunications ❑ Electric 17] Other Spedty: Check here if you provided DEP with previous oral notification of this URAM. Date of Oral Notice: Check here if the property owner was NOT contacted prior to initiation of the URAM. If this is the case,you must attach an explanation of why the owner was not contacted,including the date and time when contact ultimately occurred. Check here if this DRAM will occur in connection with the constructon of new public utilities. If this is the case,document the nature and extent of encountered contamination,the scope and expense of necessary mitigation and the benefits amd linutations of project alternatives. With the exception stated below,the person undertaking the URAM must provide the name and license number of an LSP engaged or employed in connection with the DRAM: - — — LSP Name: LSP License Number: LSP information is not required if the URAM is linated to the excavation andlor handling of not more than 100 cubic yards of soil contaminated by Oil,or not more than 20 cubic yards of soil contaminated either by a Hazardous Material or a mixture of a Hazardous Material and Oil. ' Revised 2124/95 Supersedes Forms BWSC-007, 008,009 and 010(in part) Page.2 of 4 Do Not Alter This Form r 1 Massachusetts Department of Environmental Protection BWSC-106 Bureau of Waste Site Cleanup ' RELEASE & UTILITY-RELATED ABATEMENT Release Tracking Number MEASURE (RAM & URAM) TRANSMITTAL FORM I� • Pursuant to 310 CMR 40.0444-0446 and 310 CMR 40.0462-0465(Subpart D) u - 212 87 I. URAM COMPLETION STATEMENT: Check here if this URAM was limited to the excavation and/or handling of not more than 100 cubic yards of soil contaminated by Oil,or not more than 20 cubic yards of soil contaminated by either a Hazardous Material or a mixture of a Hazardous Material and Oil. If any Remediation Waste will be stored,treated,managed,recycled or reused at the site following submission of the URAM Completion Statement,you must submit either a Release Abatement Measure(RAM)Plan or a Phase IV Remedy Implementation Plan,along with the appropriate transmittal form,as an attachment to the URAM Completion Statement. ' J. LSP OPINION: I attest under the pains and penalties of perjury that I have personally exandned and am familiar with this transmittal form.Including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of pre In 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(Ili)the provisions o1309 CMR 4.03(5),to the best of my knowledge. ' olo,"llon and belief. > if Section B of this form indicates that a Release Abatement Measure Plan is being submitted,the response action(s)that is(are)the subject of this submittal(i)has(have)been developed in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000,(ii)is(are)appropriate and reasonable to accomplish the purposes of such response actions)as set forth in the applicable provisions of M.G.L.C.21 E and 310 CMR 40.0000 and(iii) complies(y)with the identified provisions of all orders,permits,and approvals identified in this submittal; ' > if Section B of this form indicates that a Release Abatement Measure Status Report or a Utility-Related Abatement Measure Status Report is being submitted,the response actions)that is(are)the subject of this subrrnttal(i)is(are)being implemented in accordance with the applicable provisions o M.G.L.c.21 E and 310 CMR 40.0000,(ti)is(are)appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in the ' applicable provisions or M.G.L.c.21 E and 310 CMR 40.0000 and(iii)complies(y)with the identified provisions of all orders,permits,and approvals Identifier in this submittal; > if Section B of this form indicates that a Release Abatement Measure Completion Statement or a Utility-Related Abatement Measure Completion Statement is being submitted.the response action(s)that is(are)the subject of this submittal(t)has(have)been developed and Implemented In accords vim the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000.(n)is(are)appropriate and reasonable to acoomplish the purposes of such response ' achon(s)as set forth in the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(A)complies(y)with the Identified provisions of all orders, permits,and approvals identified in this submittal: I am aware that significant penalties may result,including,but not linnled to.possible Ones and imprisonment.if I submit information which I know to be false,inaccurate or materially incomplete. ' Check here O the Response Actions)on which this opinion is based,if any,are(were)subject to any order(s),permit(s)and/or approval(s)issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions thereof. Lawrence M. Hogan 9256 LSP Name: - LSP Stamp: 978-589-3000 Ext.: 3131OF { Telephone: _—_ - 979-589-3100 LOWIORCB (� E,. FAX (optional) Hogan e Signature: . N0.9256 ' Date: ' An LSP Opinion is not required for a Utility-Related Abatement Measuta FOP An LSP Opinion is not required for a URAM Completion Statement H the URAM Is limited to theexeavation andlor handling of not more Than too cubic yards of soil contaminated by Oil,or not more than 20 cubic yards of soil contaminated either by Hazardous Material or a mixture of Hazardous Material and Oil. K. PERSON UNDERTAKING RAM OR URAM: - NameofOrganization: Clayman Realty Limited Partnership Name of Contact John Clayman Title: President, Clayman Realty Corp. ' Street 804 Hale Street Beverly Farms State: MA ZIP Code: 01915 Cityrrowo: __-_. Telephone: 978-921-1659 Ext.: FAX: Check here tf there has been a change in person undertaking the RAM or URAM. '• Revised 2/24195 Supersedes Forms BWSC-007, 008, 009 and 010(in part) Page 3 of 4 Do Not Alter This Form ' Massachusetts Department of Environmental Protection BWSC-106 Bureau of Waste Site Cleanup RELEASE & UTILITY-RELATED ABATEMENT Release Tracking Number MEASURE [RAM & URAMI TRANSMITTAL FORM zlz6� ' Pursuant to 310 CMR 40.0444-0446 and 310 CMR 40.0462-0465(Subpart D) LJ L. RELATIONSHIP TO SITE OF PERSON UNDERTAKING RAM or DRAM: (checkone) ✓ RP or PRP Specify: ✓) Owner ') Operator O Generator (�) Transporter Other RP or PRP: _ ' Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.a 21E,S.2) Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21E,s.5O) _ Any Olher Person Undenaking RAM or URAM Specify Relationship: M. CERTIFICATION OF PERSON UNDERTAKING RAM OR URAM: John Clayman 1. ,attest under the pains and penalties of perjury(i)that 1 have personally examined and am familiar with the information contained in this submittal,including any and all documents accompanying this transmittal form,(ii)that,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of rty, knowledge and belief,true,accurate and complete,and(iii)that I am fully authorized to make this attestation on behalf of the entity legally responsible for this subndttal. I/the person or entity on whose behalf this submittal is made arras aware that there are significant penalties,including,but not limited to. ' possibl fine and imprisonment,f lifu submitting false,inaccurate,or incomplete information. President, Clayman Realty Corp. _.gnature) .. ' ayman Realty Limit Partnership Date: wzil Far._. (print name of person or entity recorded in Section K) Enter address of person providing cenffiwtion,if different from address recorded in Section K: Street Cityrrown: State: ZIP Code: Telephone: _._.____ Ext.: FAX:Ioptional) ' YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. ' Revised 2/24/95 Supersedes Forms BWSC-007, OOH,009 and 010(in part) Paged of 4 Do Not Alter This Form ENSR CORP. REMITTANCE ADVICE FOR CHECK NUMBER .29450 DATED 01/23/02 ' INVOICE INVOICE GROSS DISCOUNT NET DATE NUMBER AMOUNT AMOUNT AMOUNT ' 01/23/02 RAM FEE 01/23/02 500.00 500.00 ' TOTAL $500.00 __,.. siaa -/ iis ., NQ 29450 IFLEI�rBANK dONN CbNNECTICUT DATE 01!23/02 2TechndaUy Perk:Drive , T esH6rd,MA 018M »+S5b000 PAY Y EXACTLY Five hundred and 00/100 Dollars TO THE ORDER - COMMONWEALTH OF MASSACHUSETTS DEP PO BOX 4082 - BOSTON MA 02211 Q�q � II.000,294501i+ :0' 1i9:004M5j:. .SY& Sl11• i 1 E 1 1 1 i BORINGS LOGS FOR TB-5 AND TB-13 i 1 i i i 1 1 1 1 1 1 1 '' Over 30 Years of Excellence in Environmental Services ' Project: 05555-66 BORg Log Client Public Storage,rigaBoring Inc. Baring Number: TB-5/MW-3 ' Site Loc.: Vacant Pared ®" Sheer. 1 of 1 Well Data 12 Goodhue Street 2 TVJwo)ogy Perk Drive Ground Elevation: Salem,Massachusetu Westford,MA 01886 Weather: s.y]0F Well Deprb: 11' Drilling Method: Hollow-Stem Auger Screen Depth: I' Pro/err Manager:Ail.Bcmev lugged By:M.Gdello Ilia,Smned 9119NI Boring Diameter 4.25' Screen Lenglh: 10' DdIlind Commnor SDS Driller Steve Ofi IH-2{ 2Mu�£nshedE- 9119101 S lin MethodSplit-Spoon Water Depth: Z T Snvple LSempk Blow Counts'24", DriPdov MpohE FieM idwtifidav Dplh Number -IB 1326 2'Diuoc¢r Sriiaiuk b P.V.0 1 Bmrotim SW 1 black fivem medium SAND evil GRAVFL,trex sift Iry ;ti I' 0-T Augv Cotdvga Sem M Poor Moist 1{08 loolewn oder 2'Sd le 40 P.V.C.Slotted �u 2 Wells (.010 slop) 2�'� Peekedly Q..Fflto Seed 3 I� IIS 3 4 bled five w milium SAND svd GRAVEL.vus silt 1�� jl { 5 pewkum odor I 5 8 bbrt fi.en ueo ium SAND evil GRAVEL.pe¢u8 6 1 1 2 2 24 16 Peor Moist 1149 pevokum odor,cx¢miw rd hide drbris a ffl 2 ry 8 TB.5 8 9 T_T T-9' 1 1 2 2 1 24 18 1 Poor Moist 6T2 [k 9 l Jn 10 bo fine m medium SA evil GRAVEL, sih IrI )ff 10 11 10-11' 40 6W6' 12 12 Peer We 848 Ieum odor exmvsive rd tide debris, tau I't 11 Bottom of Borivg G 12' 12 Re(osJ F v¢rtd 13 1] 13 t 14 1{ 5 S ' 16 16 11 17 IB i8 ' 19 19W 20 2A 21 21 ' 22 22 23 M 24 u 25 25 26 M T7 n 28 28 ' 39 29 30 IO 31 31 32 ]2 33 33 34 34 J5 35 36 36 1 Project: 05555-661-100 Boring Log Client: Public Stooge,lac. E >e Boring Number: 78-11 ' Site Eacur: V.Mt P.rA ® heec l of l WeIlData 12 Goodbue Street 2 tedmobgy Part chive Ground Elevation: Salem,MasmhuuBs Westford,MA 01886 Weather: Suamy 70 F Well Depth: Drilling Method.- Hollow-Stem Auger Screen Depth: ' Prjen Manager:Allen Beuacafogged By:M.G .H. a Date Sinned, 920N1 Boring Diameter: 425' Screen!<ngth: Drillin Comrecmr:MS Ooilter:Steve Dose FinixAedQQ 9RONl evolving Method: 5 lit-S oon Water Depth: Semple I.ab Sersple Bbw Gate E Dercdpioa Depth Number 612 yy $ F Id Mmfificefiau f g d f = r 101 1 Ofi 12-IB 1934 u ' I M-13 I I Blahfinetomedium SALAD,sersegnvel.liNesil[ 1 2 U-2' 0'-2Augerlinings Saropled Poor Mai. 1582 petmleurs odor 2 3 3 d d 5 5 ' 6 Blrtf to mothers 5AND,corse gsvcl.lask.ilt 6 T 5'-T I] 21 15 19 24 20 Poor Moia 1182 ndodeom odor,eeremive sed Mde debar t 9 61st Boom atrium SAND,smog gnsel.lime Jh 9 8 9 12 11 24 20 Poor Most 609 pewbtrsador,e#emiveted Mdedebdc . 9 Bl.et fiat m odium SAND,some gnvel.Bttk tlt 0 10 pm0lam odor,eav iw rtd hide debris ' 11 9'-11' Il 19 12 14 24 20 Poor We 82 G cls orfi Il Betlorso(Bcsdag B 11' 12 2 No e<6nJ 13 M 14 4 I IS IS I6 16 1T 1) I9 18 19 19 20 20 21 21 ' 22 22 23 23 24 L 25 25 26 M 2J 2l 28 ' 20 29 30 30 J1 31 32 ]2 3] I3 34 ' 35 35 36 36 1 AL, Florence MD,Columbia TX, Dallas t E �® AK, 767-1210 MA, 884-92Ai TX, Houston AK,Anchorage MA, Harvard Air Lab TX, Houston (907)561-5700 (978) 772-2345 (713) 520-9900 ' AK, Fairbanks MA, Sagamore Beach TX, San Antonio (907)452-5700 (508)888-3900 (210) 590-8393 CA,Alameda MA,Westford WA, Redmond (510) 748-6700 (978) 589-3000 (425)881-7700 ' CA, Camarillo MA,Woods Hole (805)388-3775 (508)457-7900 ENSR International CA,Glendale MN,Minneapolis U.S.A., MA,Westford ' (818)546-2090 (952) 924-0117 (978)589-3232 CA, Irvine NJ, Piscataway (949) 752-0403 (732)457-0500 Bolivia CA,Sacramento NY,Albany Brazil , (916)362-7100 (518)453-6444 Canada CO, Ft. Collins . NY, Metro Area China, Hong Kong (970)493-8878 (914)347-4990 Ecuador ' Ft. Collins Tox Lab NY, Rochester Germany (970)416-0916 (716)381-2210 Italy CT, Stamford NY, Syracuse Malaysia (203)323-6620 (315)432-0506 , CT,Willington NC, Raleigh Mexico (860)429-5323 (919)571-0669 Philippines FL,St. Petersburg OH, Cincinnati Turkey (727)898-9591 (513)985-9186 United Kingdom FL,Tallahassee OR, Portland Venezuela (850)385-5006 (503)224-7338 GA, Norcross PA, Langhorne Internet ' (770) 381-1836 (215) 757-4900 www.ensr.com GA,Savannah PA, Pittsburgh (912) 898-0015 (412).261-2910 ' IL, Chicago SC,Columbia (630) 836-1700 (803)216-0003 ME, Portland TX,Austin (207) 773-9501 (512)336-2425 R-d 5 1 1 ' `" /._ AYER REALTY, LLC 500 Broadway ? ,, Everett, Massachusetts 02149 "` s J Phone: 0 Fax: 617-387-2152 February 26, 2001 City of Salem Conservation Commission One Salem Green Salem, MA 01970 Re: 12 Goodhue Street, Salem, MA Dear Sir: Please be advised that, as an abutter to the above location, Ayer Realty, LLC, has forwarded a Request to your office asking that the DEP issue a Superceding Determination of Applicability in place of the City of Salem Conservation Commission's Negative Determination relating to that site, which Request and supporting materials have been forwarded by certified mail under separate cover. Thank-you for your attention to this matter. Very truly yours, Stephen G. Finn SGF:jmm I EMT. ENSR International r 2 Technology Park Drive Westford,MA 01886-3140 (978)589-3000 FAX(978)589-3100 SALEfi✓ ewew.ensr.com February 7, 2002 PLr;``N!NG Dc: , Salem Conservation Commission i Salem City Halli!�!►p.<'i 93 Washington Street 2 08 OZ Salem, MA 01970 ATTN.: Don Sefalo RE: RDA for Release Abatement Measure, 12 Goodhue Street Proposed Amendment to Work Scope Dear Conservation Commissioners: I wanted to present information to you that was not highlighted in the recently submitted RDA for the above-referenced site. It has been brought to my attention that the RAM plan (included in the RDA as Appendix A) calls for the removal of a tank, "Abandoned Concrete UST" as shown on Figure 2 in the RDA. This tank is within the 100-year floodplain of the North River, and therefore within a jurisdictional area subject to the Wetlands Protection Act (310 CMR 10.00). Although this tank removal is not described in the RDA Narrative, it is described in the RAM. The tank is referred to in the RAM (page 3) as the "Abandoned Concrete UST' and is located adjacent to the former boiler building. The general description of the tank removal work to be performed is located on pages 3-4 in the RAM plan. Although this work is located within the BLSF, the statement previously made within the RDA under "Project Narrative" (section 3.0) would still hold true: "There will be no net loss of BLSF as a result of this proposed cleanup work because the cleanup area will be returned to existing grade prior to completion of the remediation work." As noted, the work to be performed under the RAM plan is in compliance with the Massachusetts Contingency Plan (310 CMR 40.0000). We would like you to consider this work during the discussion of the RDA at your meeting scheduled for February 14, 2002. We thank you for your consideration of this amendment. If you have any questions or ® Over 30 Years of Excellence in Environmental Services �� ® Salem Coneewafieb Commission February 8, 2002 Page 2 0(2 comments prior to the scheduled Hearing, please call me or Larry Hogan at 978-589- 3000. Si ere regards, Brenda L. Bhatti La�M. Hogan, LSP Environmental Biologist Senior Project Manager CC: MADEP NERO Evelyn Hubel, Public Storage, Inc. George Atkins, Esq. John Clayman, Clayman Realty.Limited Partnership Q Over 30 Years of Excellence in Environmental Services M.G.L - Chapter 91, Section 59. Page I of 1 GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT. TITLE XIV. PUBLIC WAYS AND WORKS. CHAPTER 91.WATERWAYS. Chapter 91: Section 59.Discharge of petroleum products,refuse or other matter into or on lakes,rivers or tidal waters; penalty;exception; enforcement. Section 59. Whoever pumps,discharges or deposits,or causes to be pumped,discharged or deposited,into or on the waters of any lake or river or into or on tidal waters and flats,any crude petroleum or any of its products or any other oils or any bilge water or water from any receptacle containing any of the said substances, or any other matter or refuse,in such manner and to such extent as to be a pollution or contamination of said waters or flats or a nuisance or be injurious to the public health,shall be punished by a fine of not more than one thousand dollars;but this section shall not be construed to prohibit the use of oil for the extermination of mosquitoes or other insects.The provisions of this section shall be enforced by the department of state police and by all other officers authorized to make arrests. Return to: "Next Section**Previous Section**Chanter Table of Contents**Legislative Home Page M.G.L - Chapter 21, Section 1, Page 1 of I GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT. TITLE II. EXECUTIVE AND ADMUMSTRATIVE OFFICERS OF THE COMMONWEALTH. CHAPTER 21E.MASSACHUSETTS OIL AND 14AZARDOUS MATERIAL RELEASE PREVENTION AND RESPONSE ACT. Chapter 21E: Section 1.Short title. Section 1.This chapter shall be known and may be cited as the""Massachusetts Oil and Hazardous Material Release Prevention Act". Return to: '•Next Section"Previous Section"Chapter Table of Contents"Legislative Home Page • M.G.L -Chapter 21, Section 2. Page 1 of 10 GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT. TITLE II. EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH. CHAPTER 21E.MASSACHUSETTS OIL AND HAZARDOUS MATERIAL RELEASE PREVENTION AND RESPONSE ACT. Chapter 21E:Section 2.Definitions. Section 2.As used in this chapter the following words shall,unless the context clearly requires otherwise,have the following meanings-- ....Activity eanings:-""Activity and use limitation",a restriction, covenant or notice concerning the use of real property which is imposed upon real property by a property owner or the department pursuant to and in accordance with this chapter and regulations promulgated hereunder. ""Assess"and""Assessment",such investigations,monitoring,surveys,testing,and other information gathering activities to identify:(1)the existence,source,nature and extent of a release or threat of release of oil or hazardous materials;(2)the extent of danger to the public health,safety,welfare and the environment; and(3)those persons liable under section five. The term shall also include,without limitation,studies,services and investigations to plan,manage and direct assessment, containment and removal actions,to determine and recover the costs thereof,and to otherwise accomplish the purposes of this chapter. ""Act of God",and unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable,and irresistible character,the effects of which could not have been prevented or avoided by the exercise of due care or foresight. A natural disaster is unanticipated when it is of a type unexpected given the area,the season,and the past history of conditions. ""CERCLA",the Comprehensive Environmental Response,Compensation, and Liability Act of 1980,42 USC Sec.9601 et seq. ""Chief municipal officer,"the city manager in any city having a city manager,the mayor in any other city;the town manager in any town having a town manager,the board of selectmen in any other town. ""Commissioner",the commissioner of the department of environmental protection. ""Community Development Corporation",a community development corporation created and operated in accordance with the provisions of chapter 40F. ""Condition of substantial release migration",a release of oil or hazardous material that is likely to be transported through environmental media where the mechanism,rate or extent of transport has resulted in or,if not promptly addressed,has the potential to result in: (a)health damage,safety hazards or environmental harm;or(b)a substantial increase in the extent or magnitude of the release,the degree or complexity of future response actions,or the amount of response costs.This section shall be further defined in regulations promulgated by the department.Any person required to notify pursuant to section 7 of this chapter shall notify the department of such condition upon obtaining knowledge thereof,and shall take any appropriate and feasible response actions as may be required by the department. ""Contain"or""Containment",actions taken in response to a release or threat of release of oil or hazardous material into the environment to prevent or minimize such release so that it does not migrate or otherwise cause or threaten substantial danger to present or future public health,safety,welfare or the environment.The term shall also include security measures, including,without limitation,the building of fences for the purpose of limiting and restricting access to a site or vessel where there has been a release or there is a threat of a release of oil or hazardous materials. M.G.L - Chapter 21, Section 2. Page 2 of 10 ""Department", the department of environmental protection. ""Disposal site,"any structure,well,pit,pond, lagoon,impoundment,ditch, landfill or other place or area,excluding ambient air or surface water,where uncontrolled oil or hazardous material has come to be located as a result of any spilling,leaking, pouring,abandoning, emitting,emptying, discharging,injecting,escaping,leaching,dumping,discarding or otherwise disposing of such oil or hazardous material.The term shall not include any site containing only oil or hazardous materials which: are lead-based paint residues emanating from a point of original application of such paint;resulted from emissions from the exhaust of an engine;are building materials still serving their original intended use or emanating from such use;or resulted from a release of source,byproduct or special nuclear material from a nuclear incident,as those terms are defined in 42 USC Sec.2014, if such release was subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under 42 USC Sec.2210. ""Economic development and industrial corporation",a corporation created and operated in accordance with the provisions of chapter 121C or any other special acts,including,without limitation,chapter 1097 of the acts of 1971. ""Economically distressed area",an area or municipality that has been designated as an economic target area,or that would otherwise meet the criteria for such designation pursuant to section 3D of chapter 23A, or the site of a former manufactured gas plant. ""Eligible person",an owner or operator of a site or a portion thereof from or at which there is or has been a release of oil or hazardous material who: (i)would be liable under this chapter solely pursuant to clause(1)of paragraph(a)of section 5; and (ii)did not cause or contribute to the release of oil or hazardous material from or at the site and did not own or operate the site at the time of the release. ""Eligible tenant',a person who acquires occupancy,possession or control of a site,or a portion thereof,after a release of oil or hazardous material from or at such site has been reported to the department,who did not cause or contribute to the release and who would not otherwise be liable pursuant to clauses(2)to(5),inclusive,of paragraph(a)of section 5. ""Environment",waters, land,surface or subsurface strata,or ambient air of the commonwealth. ""Exposure,"any contact, ingestion, inhalation or assimilation of or with oil or hazardous materials,including irradiation. ""Fiduciary",a person(a)who is acting in any of the following capacities:an executor or administrator as defined in section one of chapter one hundred ninety-seven,including a voluntary executor or a voluntary administrator;a guardian;a conservator;a trustee under a will or inter vivos instrument creating a trust under which the trustee takes title to,or otherwise controls or manages,property for the purpose of protecting or conserving such property under the ordinary rules applied in the courts of the commonwealth;a court-appointed receiver;a trustee appointed in proceedings under federal bankruptcy laws;an assignee or a trustee acting under an assignment made for the benefit of creditors pursuant to sections forty through forty-two of chapter two hundred and three;or a trustee,pursuant to an indenture agreement or similar financing agreement, for debt securities,certificates of interest of participation in any such debt securities,or any successor thereto,and(b)who holds legal title to,controls,or manages,directly or indirectly,any site or vessel as a fiduciary for purposes of administering an estate or trust of which such site or vessel is a part. ""FWPCA",the Federal Water Pollution Control Act,33 USC Sec. 1251 et seq. ""Hazardous material",material including but not limited to,any material, in whatever form,which,because of its quantity, concentration,chemical,corrosive, flammable,reactive,toxic, infectious or radioactive characteristics,either separately or in combination with any substance or substances,constitutes a present or potential threat to human health,safety,welfare,or to the environment,when improperly stored,treated,transported,disposed of,used,or otherwise managed.The term shall not include oil.The term shall also include all those substances which are included under 42 USC Sec. 9601(14),but it is not limited to those substances. ""Household hazardous waste collection", the collection of hazardous materials from households under a program sponsored by a municipality. -M.G.L -Chapter 21, Section 2. Page 3 of 10 ""Imminent hazard,"a hazard which poses a significant risk of harm to health,safety,public welfare,or the environment if it were present even for a short period of time. ""Indicia of ownership primarily to protect a security interest',only those interests in real or personal property typically acquired and held as security or collateral for payment or performance of an obligation. Such interests shall include,without limitation,a mortgage,deed of trust, lien, security interest,assignment,pledge,or other right or encumbrance against real or personal property, including those security interests which have a contingent interest component,which are furnished by the owner thereof to assure repayment of a financial obligation;and contractual participation rights in such interest;provided, that the contract conferring such rights confers no other interest in the site or vessel. Such interests shall not include the following:-those to protect any interest in property owned or held for investment purposes;a lease or a consignment which may not be considered a secured transaction under applicable principles of commercial law; interests of a person acting as a trustee of property or of a business;and any interest other than one created as a bona fide security interest in real or personal property. '•"Offshore oil facility",any oil facility of any kind located in,on,or under any submerged land within the jurisdiction of the commonwealth including,without limitation, the territorial sea;provided,however,that it shall not include a vessel. "Oil',insoluble or partially soluble oils of any kind or origin or in any form, including,without limitation,crude or fuel oils, lube oil or sludge,asphalt, insoluble or partially insoluble derivatives of mineral,animal or vegetable oils.The term shall not include waste oil,and shall not include those substances which are included in 42 USC Sec.9601(14). ""Oil facility",any structure,group of structures,equipment,or device, including a public vessel but not including any other type of vessel,that is used for one or more of the following purposes: exploring for,drilling for,producing,storing,handling, transferring,processing,or transporting oil.This definition shall include,without limitation,any motor vehicle,rolling stock, or pipeline used for one or more of the purposes set forth in the preceding sentence. '•"Oil Pollution Act',the Oil Pollution Act of 1990, P.L. 101-380. "'•Onshore oil facility",any oil facility of any kind located in,on,or under any land within the jurisdiction of the commonwealth other than submerged land.This definition shall include,without limitation,motor vehicles and rolling stock. .,,,Owner",or""Operator",(a)(1)in the case of a vessel,any person owning,operating or chartering by demise such vessel, (2)in the case of a site, any person owning or operating such site,(3)in the case of an abandoned site,any person who owned,operated,or otherwise controlled activities at such site,vessel,onshore oil facility,offshore oil facility,deepwater port,or pipeline,any person who owned,operated,or otherwise controlled activities at such site immediately prior to such abandonment,except that, in the case of an onshore oil facility or offshore oil facility,this definition shall not include an agency or political subdivision of the federal government or the commonwealth,or any interstate body,that owned an onshore oil facility or offshore oil facility and that,as the owner,transferred possession and right to operate the onshore oil facility or offshore oil facility to another person by lease,assignment,or permit, immediately prior to such abandonment,(4) in the case of an onshore oil facility,other than a pipeline,any person owning or operating the onshore oil facility,except that this definition shall not include an agency or political subdivision of the federal government or the commonwealth,or any interstate body,that owns an onshore oil facility and that,as the owner,transfers possession and right to operate the onshore oil facility to another person by lease, assignment,or permit,(5)in the case of an offshore oil facility, other than a pipeline or a deepwater port licensed under the U.S. Deepwater Port Act of 1974,the lessee or permittee of the area in which the offshore oil facility is located or the holder of a right of use and easement granted under an applicable law of the commonwealth or the U.S.Outer Continental Shelf Lands Act,for the area in which the offshore oil facility is located if such holder is a different person from the lessee or permittee;provided,however,that this definition shall not include an agency or political subdivision of the federal government or the commonwealth, or any interstate body,that owns an offshore oil facility and that,as the owner,transfers possession and right to operate the offshore oil facility to another person by lease, assignment,or permit,(6)in the case of a deepwater port licensed under the U.S. Deepwater Port Act of 1974,the licensee, (7)in the case of a pipeline,any person owning or operating the pipeline,(8)when a fiduciary who is not an owner& operator pursuant to this definition has title or control or management of a site or vessel,the grantor or settlor of the estate or trust in question,to the extent the assets of the estate or trust are insufficient to pay for liability pursuant to this chapter,(9) when a secured lender who is not an owner or operator pursuant to this definition has ownership or possession of a site or vessel,any person who owned or operated such site or vessel immediately prior to such secured lender obtaining ownership or possession of such site or vessel,(10)when a city or town which is not the owner or operator pursuant to this definition, has ownership or possession of a site or vessel,any person who owned or operated such site or vessel immediately prior to such city or town obtaining ownership or possession of such site or vessel,and(11)after a redevelopment authority, M.G.L - Chapter 21, Section 2. Page 4 of 10 redevelopment agency,community development corporation or economic development and industrial corporation which is not an owner or operator pursuant to this definition takes ownership or possession of a site or a portion thereof,any person who owned or operated such site or portion thereof immediately prior to such redevelopment authority,redevelopment agency,community development corporation or economic development and industrial corporation acquiring ownership or possession of the site or portion thereof,except where such immediate previous owner or operator meets the criteria as an eligible person who has achieved a liability endpoint pursuant to section 5C.The term shall include any estate or trust of which the site or vessel is a part.The term shall not include the commonwealth to the extent the commonwealth holds or held any right,title,or interest in a site or vessel solely for the purpose of implementing or enforcing the commonwealth's rights or responsibilities pursuant to this chapter,unless the commonwealth caused or contributed to the release or threat of release; provided,that nothing in this definition or in this chapter shall be construed to waive any immunity that public employers or public employees may have pursuant to chapter two hundred fiftyeight.The term shall not include a fiduciary or secured lender who meets the requirements set forth in this definition. The term ""operator"shall not include a hazardous waste site cleanup professional solely because he is acting in his professional capacity as a hazardous waste site cleanup professional with regard to the site or vessel. (b)A fiduciary shall not be deemed an owner or operator if all of the following requirements are met: (1)No act of the fiduciary causes or contributes to the release or threat of release or causes the release or threat of release to become worse than it otherwise would have been. (2)After acquiring title to or commencing control or management of the site or vessel,the fiduciary satisfies all of the following conditions: (A)the fiduciary notifies the department immediately upon obtaining knowledge of a release or threat of release for which notification is required pursuant to, and in compliance with,section seven or regulations promulgated pursuant thereto, (B)the fiduciary provides reasonable access to the site or vessel to employees,agents,and contractors of the department to conduct response actions,and to other persons intending to conduct necessary response actions, (C)the fiduciary notifies the department immediately upon obtaining knowledge or reasonable basis for believing that there are not sufficient assets available in the estate or trust to satisfy one or more of the conditions set forth in subclause(D)of clause(2)of this subsection of this definition, (D)upon obtaining knowledge of a release or threat of release of oil or hazardous material,and to the extent that assets are available in the estate or trust, (i)the fiduciary undertakes reasonable steps to(a)prevent the exposure of persons to oil or hazardous materials by fencing or otherwise preventing access to the site or vessel,and(b)contain the further release or threat of release of oil or hazardous materials from a structure or container,and (ii)if there is significant evidence of an imminent hazard to public health,safety,welfare,or the environment from oil or hazardous materials at or from the site or vessel,the fiduciary takes action to control the potential for health damage,human exposure,safety hazards,and environmental harm through appropriate short term measures, (E)if the fiduciary elects to voluntarily undertake a response action or portion of a response action at the site or vessel,the fiduciary conducts such response action or portion of a response action in compliance with the requirements of this chapter and the Massachusetts Contingency Plan,and (F)in the case of a fiduciary who is acting pursuant to an assignment made for the benefit of creditors,the fiduciary notifies the department in writing of the assignment immediately upon his acceptance thereof. A fiduciary who takes any action described in subclauses(A)to(E), inclusive,of paragraph(2)of subsection(b)of this definition shall not be deemed an owner or operator solely because said fiduciary took such action. Nothing in this chapter shall preclude claims against a fiduciary solely in the fiduciary's representative capacity. Nothing in clause(b)(2)(D)of this definition shall require a fiduciary to utilize any funds other than the assets of the estate 'M.G.L - Chapter 21, Section 2. Page 5 of 10 or trust to satisfy the conditions set forth in clause(b)(2)(D)of this definition,provided that all of the conditions of clause (b)of this definition are met. For purposes of this chapter, the assets of the estate or trust shall include: (i)any assets in the estate or trust of which the site or vessel is a part(hereafter""the estate or trust');(ii)any assets that are, at or subsequent to the time the fiduciary obtained knowledge of a release or threat of release,placed in any other estate or trust by action of or on behalf of a settlor or grantor of the estate or trust of which the site or vessel is a part when such settlor or grantor is or was an owner or operator of the site or vessel, if such other estate or trust is or was controlled or managed by the fiduciary of the estate or trust of which the site or vessel is a part;and(iii)any assets that are at or subsequent to the time the fiduciary obtained knowledge of a release or threat of release,transferred by the fiduciary out of the estate or trust of which the site or vessel is a part for less than full and fair consideration,as determined by the fiduciary in good faith. Nothing in this definition shall affect the liability,responsibilities,or rights of a grantor or beneficiary of an estate or trust,or of any person other than a fiduciary acting solely in his representative capacity,pursuant to this chapter or any other law. (c)A secured lender shall not be deemed an owner or operator with respect to the site securing the loan if the applicable following requirements are met: (1)A secured lender who meets all of the requirements of this paragraph,as applicable,shall be excluded from the definition of owner or operator only with respect to releases and threats of release that first begin to occur before such secured lender acquires ownership or possession of the site or vessel.Nothing in this definition shall relieve a secured lender of any liability for a release or threat of release that first begins to occur at or from a site or vessel during the time that such secured lender has ownership or possession of such site or vessel for any purpose. (2)Notwithstanding any other provision of this definition, a secured lender shall be deemed an owner or operator of an abandoned site or vessel if such secured lender owned,operated, or held ownership or possession of such site or vessel immediately prior to such abandonment. (3)No act of the secured lender,or of the secured lender's employees or agents,causes or contributes to a release or threat of release of oil or hazardous materials or causes the release or threat of release to become worse than it otherwise would have been. (4)Neither the secured lender nor the secured lender's employees or agents compel the borrower to: (i)undertake an action which causes a release of oil or hazardous material; or(ii)violate any law or regulation regulating the use or handling of oil or hazardous materials. (5)After acquiring ownership or possession of a site or vessel the secured lender satisfies all of the following conditions:- (A)the secured lender notifies the department,in compliance with this chapter and regulations promulgated thereto,upon obtaining knowledge of a release or threat of release of oil or hazardous material for which notification is required pursuant to this chapter and regulations promulgated thereto, (B)the secured lender provides reasonable access to the site or vessel to employees,agents,and contractors of the department for all purposes authorized by this chapter,and to other persons for the purpose of conducting response actions pursuant to this chapter and regulations promulgated thereto,upon obtaining knowledge of a release or threat of release of oil or hazardous material, (C)the secured lender takes reasonable steps(i)to prevent the exposure of people to oil or hazardous material by fencing or otherwise preventing access to the site or vessel, and(ii)to contain any further release or threat of release of oil or hazardous material from a structure or container,upon obtaining knowledge of a release or threat of release of oil or hazardous material, (D)if the secured lender undertakes a response action at the site or vessel,the secured lender conducts such response action in compliance with the requirements of this chapter and regulations promulgated thereto, (E)if there is an imminent hazard to public health,safety,welfare,or the environment,or if there is a condition of substantial release migration from oil or hazardous material at or from the site or vessel,the secured lender shall take response actions 'M.G.L -Chapter 21, Section 2. Page 6 of 10 necessary to abate such conditions in compliance with this chapter and regulations promulgated thereto,and (F)the secured lender acts diligently to sell or otherwise to divest itself of ownership or possession of the site or vessel. Whether the secured lender is acting or has acted diligently to sell or otherwise to divest itself of ownership or possession of the site or vessel shall be determined as follows: (i)during the first 36 months after the secured lender fust acquired ownership or possession of the site or vessel,whichever occurs earlier,there shall be a presumption that the secured lender is acting diligently to sell or otherwise to divest itself of ownership or possession of the site or vessel;this presumption may be rebutted by a preponderance of the evidence; (ii)if the secured lender has not divested itself of ownership or possession of the site or vessel after the expiration of said 36 month period specified in subclause(i),then the burden of proof shall thereafter rest on said secured lender to demonstrate by a preponderance of the evidence that said secured lender is acting diligently to sell or otherwise to divest itself of ownership or possession of the site or vessel; (iii)in determining whether or not the secured lender is acting diligently to sell or otherwise to divest itself of ownership or possession of the site or vessel,the following factors shall be considered: (a)the use or uses to which the site or vessel was put or is being put during the period in question, (b)market conditions, (c)the extent of contamination of the site or vessel and the effects of such contamination on marketability of the site or vessel, (d)the applicability of,and compliance by such secured lender with,federal and state requirements relevant to sale or to divestment of property in which such secured lender holds or formerly held a security interest, (e)legal constraints on sale or divestment of ownership or possession,and (f)whether commercially reasonable steps necessary to render the site or vessel in a marketable condition have been taken. (6)If the secured lender has knowledge of a release or threat of release of oil or hazardous material at or from a site or vessel against which it has commenced foreclosure proceedings,the secured lender shall notify: (A)the department pursuant to this chapter and regulations promulgated thereto,but in no event later than the commencement of the public foreclosure auction;and (B)prospective bidders at the time and place of the public foreclosure auction. (7)A secured lender whose property has been the site of a release of oil or hazardous material for which the department has incurred costs for assessment,containment,or removal actions pursuant to sections 3A,4, 5A,513, 8,9, 10, 11, 12, 13,or 14, in responding to an imminent hazard or a condition of substantial release migration,that occurred after the secured lender first acquired ownership or possession,shall be liable to the commonwealth only to the extent of the value of the property following the department's response actions, less the total amount of costs reasonably paid by said secured lender for carrying out response actions in responding to the imminent hazard or the condition of substantial release migration in compliance with this chapter and regulations promulgated thereto. (d)A city or town shall not be deemed an owner or operator if all of the following requirements are met: (1)The city or town has purchased or taken the site for nonpayment of taxes under section fortythree or fifty-three or chapter sixty,respectively. (2)No act of the city or town,or of its employees or agents,causes or contributes to the release or threat of release or causes the release or threat of release to become worse than it otherwise would have been. 'M.G.L -Chapter 21, Section 2. Page 7 of 10 (3)After acquiring title to or commencing control or management of the site or vessel,the city or town satisfies all of the following conditions: (A)the city or town notifies the department immediately upon obtaining knowledge of a release or threat of release for which notification is required pursuant to,and in compliance with,section seven or regulations promulgated pursuant thereto; (B)the city or town provides reasonable access to the site or vessel to employees;agents,and contractors of the department to conduct response actions,and to other persons intending to conduct necessary response actions; (C)the city or town undertakes reasonable steps to(i)prevent the exposure of persons to oil or hazardous materials by fencing or otherwise preventing access to the site or vessel,and(ii)contain the f irther release or threat of release of oil or hazardous materials from a structure or container; (D)if there is significant evidence of an imminent hazard to public health,safety,welfare,or the environment from oil or hazardous materials at or from the site or vessel,the city or town takes action to control the potential for health damage, human exposure,safety hazards, and environmental harm through appropriate short term measures; (E)if the city or town elects to voluntarily undertake a response action or portion of a response action at a site or vessel,the city or town conducts such response action in compliance with the requirements of this chapter and the Massachusetts contingency plan;and (F)the city or town acts diligently to sell or otherwise divest itself of ownership or possession of the site or vessel. Whether the city or town is acting or has acted diligently to sell or otherwise divest itself of ownership or possession of the site or vessel shall be determined by considering the same criteria applicable to secured lenders set forth in subclause subclause(iii)of subparagraph(F)of clause(5)of paragraph(c). A city or town which takes any action referred to in clause(3)shall not be deemed an owner or operator solely because said city or town took such action. A city or town which meets all of the requirements set forth in the provisions of this paragraph shall be excluded from the definition of owner or operator only with respect to releases and threats of release that first begin to occur before the city or town acquires ownership or possession.Notwithstanding any other provision of this definition,a city or town shall be deemed an owner or operator with respect to any release or threat of release that fust begins to occur at or from the site or vessel during the time that the city or town has ownership or possession of it for any purpose. (e)(1)An eligible tenant after acquiring occupancy,possession or control of a site or portion of a site from or at which there is or has been a release of oil or hazardous material shall not be deemed an operator if all of the following requirements are met on the site or portion of the site occupied,possessed or controlled by the eligible tenant: (A)no act or failure of duty of the tenant or of its employee or agent causes or contributes to the release,causes the release to become worse than it otherwise would have been,or causes a new exposure to the release; (B)the tenant notifies the department in compliance with this chapter and regulations promulgated thereto,upon obtaining knowledge of a release or threat of release on or from the site or portion of the site under its occupancy,possession or control; (C)the tenant provides reasonable access to the site or portion of the site under its occupancy,possession or control to employees,agents,and contractors of the department for all purposes authorized by this chapter,and to other persons for the purpose of conducting response actions pursuant to this chapter and regulations promulgated thereto; (D)if the tenant uses oil or hazardous material similar to those which have been released,the tenant demonstrates by a preponderance of the evidence that it has not contributed to the release; (E)the tenant takes reasonable steps(i)to prevent the exposure of people to oil or hazardous material by fencing or otherwise preventing access to the portion of the site under its control,(ii)to contain any further release or threat of release of oil or hazardous material from a structure or container under its control,and(iii)if there is an imminent hazard at or from the site 'M.G.L - Chapter 21, Section 2. Page 8 of 10 or portion of the site under its control,the tenant controls the potential risk to public health,safety,welfare,or the environment by taking immediate response actions at the site or portion of the site under the control of the tenant;and (F)any response action voluntarily conducted or required by this section is conducted in compliance with this chapter and regulations promulgated thereto; (2)Nothing in this section shall relieve a tenant of liability for a release or threat of release of oil or hazardous material which fust begins to occur at or from the site or portion of the site occupied,possessed or controlled by such tenant during such tenant's occupancy,possession,or control. (3)Merely ceasing to occupy,possess or control a site or portion of a site shall not cause an eligible tenant to be liable for a release or threat of release of oil or hazardous material at or from such site or such portion of a site. (4)An eligible tenant shall not be liable for property damage resulting from a release or threat of release at or from a portion of the site not under its occupancy,possession or control for which it would not otherwise be liable pursuant to this chapter. (f)A redevelopment authority,redevelopment agency,community development corporation or economic development and industrial corporation shall not be deemed an owner or operator if all of the following requirements are met: (1)the redevelopment authority,redevelopment agency,community development corporation or economic development and industrial corporation has acquired its portion of the site in accordance with the provisions of chapter 40F,chapter 121B or chapter 121C or any applicable special acts; (2)no act or failure of duty of the redevelopment authority,redevelopment agency,community development corporation or economic development and industrial corporation or of any employee or agent thereof,caused or contributed to, or exacerbated any release or threat of release of oil or hazardous material at or from the site; (3)the redevelopment authority,redevelopment agency,community development corporation or economic development and industrial corporation satisfies all of the following conditions: (A)notifies the department in compliance with this chapter and regulations promulgated thereto upon obtaining knowledge of a release or threat of release of oil or hazardous material for which notification is required pursuant to this chapter and regulations promulgated pursuant thereto; (B)provides reasonable access to the site or portion of the site under its control to employees,agents and contractors of the department for all purposes authorized by this chapter,and to other persons for the purpose of conducting response actions pursuant to this chapter and regulations promulgated thereto; (C)takes reasonable steps(i)to prevent the exposure of people to oil or hazardous material by fencing or otherwise preventing access to the portion of the site under its ownership or possession,and(ii)to contain any further release or threat of release of oil or hazardous material from a structure or container under its ownership or possession; (D)if there is an imminent hazard at or from the portion of the site under its control,controls the potential risk to public health,safety,welfare,or the environment at or from the site by taking immediate response actions at the portion of the site under its ownership or possession,in compliance with this chapter and regulations promulgated thereto; (E)conducts any response action undertaken at the site in compliance with this chapter and regulations promulgated thereto; and (F)acts diligently to sell or otherwise to divest itself of ownership or possession of its portion of the site in accordance with the provisions of chapter 40F,chapter 121B or chapter 121C,or any applicable special acts.Whether the redevelopment authority,redevelopment agency,community development corporation or economic development and industrial corporation is acting or has acted diligently to sell or otherwise to divest itself of ownership or possession of its portion of the site shall be determined by considering the same criteria applicable to secured lenders set forth in subclause(iii)of subparagraph(F)of clause(5)of paragraph(c). (4)if the redevelopment authority,redevelopment agency,community development corporation or economic development M.G.L -Chapter 21, Section 2. Page 9 of 10 and industrial corporation acquired ownership or possession of a site or portion of a site prior to the effective date of this act, the redevelopment authority,redevelopment agency,community development corporation or economic development and industrial corporation notifies the department of any releases of oil or hazardous material of which it has knowledge in accordance with section 7 and the regulations promulgated thereunder,and shall meet the requirements in clause(3)of this paragraph relative to such releases within six months of being notified by the department of the requirements in this paragraph. ""Person",any agency or political subdivision of the federal government or the commonwealth, any state,public or private corporation or authority,any interstate body,foreign nation,individual,trust,firm,joint stock company,partnership, association or other entity,and any officer,employee,or agent of such person, and any group of persons. ""Priority disposal site",a disposal site which constitutes a substantial hazard to public health,safety,welfare,or the environment,including but not limited to a disposal site which is located within five hundred feet of a building being used as a school and which causes an increased risk of exposure to children from contamination in air,soil or water. ""Public vessel",a vessel of any kind that is owned,or a bareboat that is chartered and operated,by the United States,or by a state or political subdivision thereof,or by a foreign nation,except when such vessel is engaged in commerce. ""Redevelopment authority"or""redevelopment agency",an authority or agency created and operated in accordance with the provisions of chapter 121B and an economic development authority created and operated in accordance with the provisions of chapter 22 of the acts of 1995. ""Release",any spilling, leaking,pumping,pouring,emitting,emptying, discharging,injecting,escaping,leaching, dumping or disposing into the environment,but excludes: (1)emissions from the exhaust of an engine,(2)release of source,by product,or special nuclear material from a nuclear incident,as those terms are defined in 42 USC Sec.2014,if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under 42 USC Sec.2210,(3)the normal application of fertilizer,and(4)the application of pesticides consistent with their labelling. ""Remedy operation status",a response action that has eliminated a condition of any substantial hazard to public health, safety,welfare or the environment and relies upon active operation and maintenance for the purpose of achieving a permanent solution. "'Remove"or""Removal",the cleanup or removal of released oil or hazardous materials from the environment,such actions as may be necessarily taken in the event of the threat of release of oil or hazardous materials into the environment,the disposal of removed oil or hazardous material,or the taking of such other actions as may be necessary to prevent,minimize, or mitigate damage to the public health,safety,welfare or the environment,which may result from a release or threat of release. ""Respond"or""Response"or""Response action",assess,assessment,contain,containment,remove and removal. ""Response action contract",any contract relating to the provision of services to assess, contain or remove oil or hazardous material which is entered into on or after the effective date of this definition between the commonwealth or any agency thereof,and a response action contractor. ""Response action contractor"or""contractor",an individual, partnership,corporation,association,joint venture or other commercial entity which enters into a response action contract with the commonwealth or any agency thereof and includes any such entity acting as a subcontractor to the primary response action contractor where such entity is performing services relating to the response action contract. ""Secured lender",(1)a person who holds indicia of ownership in a site or vessel primarily to protect that person's security interest in said site or vessel; (2)two persons when one holds indicia of ownership in a site or vessel primarily to protect the other person's security interest in that site or vessel if the person holding the indicia of ownership is(a)wholly owned by the person holding the security interest,or(b)an affiliate of the person holding the security interest and both are whollyowned,directly or indirectly,by the same person;and (3)persons who hold contractual participation rights in a security interest,and any of the following which hold indicia of M.G.L -Chapter 21, Section 2. Page 10 of 10 ownership in a site or vessel primarily to protect that security interest:a wholly owned subsidiary of any such person;an affiliate of any such person if both are whoI13�owned,directly or indirectly,by the same person;and any entity fanned among such persons, subsidiaries or affiliates. ""Site",any building,structure, installation,equipment,pipe or pipeline, including any pipe into a sewer or publiclyowned treatment works,well,pit,pond, lagoon,impoundment,ditch, landfill,storage container, motor vehicle,rolling stock,or aircraft,or any other place or area where oil or hazardous material has been deposited,stored,disposed of or placed,or otherwise come to be located.The term shall not include any consumer product in consumer use or any vessel. ""Standard of care",the degree of care that a reasonable and diligent waste site cleanup professional licensed pursuant to sections 19 to 19J, inclusive,of chapter 21A shall exercise when rendering a waste site cleanup activity opinion pursuant to said sections 19 to 19J, inclusive. ""Statement of claim"or""statement",an instrument signed by the commissioner,describing a particular site or sites or vessel or vessels and naming the person or persons then deemed by the commissioner to be liable under the provisions of this chapter with respect to each such site or vessel and their residential addresses,to the extent known to the commissioner,and declaring a lien upon the property of such person or persons for the payment of amounts due or to become due from such person or persons to the commonwealth under the provisions of this chapter,provided,however,that neither failure to state any such address nor the designation of an incorrect address shall invalidate such statement;and provided further,that successive statements,naming other persons so deemed to be liable,may be issued;and provided further,that if the property in question is owned or possessed by a fiduciary,city or town or secured lender,who is not liable under this chapter with respect to the site or vessel in question,the mention of the fiduciary,city or town or secured lender in the statement as a person who owns or possesses the site or vessel shall not constitute a finding or evidence that such person is liable under this chapter,and the lien shall only be on the property in question and not upon all property of such fiduciary,city or town or secured lender. ""Substantial hazard;'a hazard which would pose a significant risk of harm to health,safety,public welfare,or the environment if it continued to be present for several years. ""Threat of release",a substantial likelihood of a release which requires action to prevent or mitigate damage to the environment which may result from such release. ""Trade secret",anything tangible which constitutes,represents,evidences or records a secret scientific,technical, merchandising,production,or management information,design,process,procedure,formula, invention or improvement. ""Vessel",every description of watercraft or other artificial contrivance used,or capable of being used,as a means of transportation on water. ""Waters of the commonwealth",all waters within the jurisdiction of the commonwealth,including,without limitation,rivers, streams, lakes,ponds,springs,impoundments,estuaries,coastal waters and groundwaters.The term shall not include impoundments of chemical wastes. Return to: **Next Section**Previous Section**Chapter Table of Contents**Legislative Home Page M.G.L - Chapter 21, Section 3. Page 1 of 2 GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT. TITLE II. EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH. CHAPTER 21E.MASSACHUSETTS OIL AND HAZARDOUS MATERIAL RELEASE PREVENTION AND RESPONSE ACT. Chapter 21E: Section 3. Massachusetts oil and hazardous material release prevention and response; implementation; regulations. Section 3. (a)The department shall take all action appropriate to secure to the commonwealth the benefits of FWPCA, CERCLA and other pertinent federal laws including the Oil Pollution Act. (b)For the purpose of implementing this chapter,FWPCA,CERCLA,and other pertinent federal laws and regulations,the department is authorized and directed to prepare and from time to time update a Massachusetts Contingency Plan which,as nearly as the department deems appropriate and practicable,shall comport with and complement the National Contingency Plan prepared under the authority of 33 USC Sec. 1321(c)and 42 USC Sec.9605.In preparing said plan the department shall consider and take into account regionally and locally developed contingency plans. (c)The department shall promulgate such regulations as it deems necessary for the implementation,administration and enforcement of this chapter,FWPCA,CERCLA and other pertinent laws. Such regulations may include provisions waiving or limiting the applicability of this chapter as to any matter which the department determines to be adequately regulated by another program or government agency.The department shall integrate its implementation and enforcement of this chapter with other programs established for the protection of the public health,safety,welfare and the environment. (d)The department shall adopt and from time to time amend or repeal regulations establishing classes or categories of persons or response actions or sites or vessels,or any combination of the foregoing,so that such persons may carry out such response actions at such sites or vessels only after prior issuance of a permit issued by the department;and establishing classes or categories of persons or response actions or sites or vessels,or any combination of the foregoing,so that such persons may carry out such response actions at such sites or vessels without prior issuance of a permit issued by the department. The department shall adopt and from time to time amend or repeal regulations establishing one or more classes or categories of permits for carrying out response actions in those cases for which a permit is required. In adopting,amending,and repealing all regulations pursuant to this subsection,the department shall consider at least the following:- (1)the existence,source,nature,and extent of a release or threat of release of oil or hazardous materials, (2)the nature and extent of danger to public health, safety,welfare, and the environment, (3)the magnitude and complexity of the actions necessary to assess,contain,or remove the oil or hazardous material in question, (4)the extent to which there are legally enforceable standardized methods and criteria for the class or category of response action in question, (5)the extent to which the department needs to be persuaded, or is persuaded,or both,that persons who would obtain permits,or who would be allowed to carry out a response action without a permit,have demonstrated that they are able and willing to carry out the response actions in question in compliance with the provisions of this chapter,all regulations adopted M.G.L -Chapter 21, Section 3. Page 2 of 2 pursuant to this chapter, and all other applicable statutes and regulations,and (6)the extent to which department oversight is necessary to ensure compliance with this chapter. Persons may carry out any response action without the prior issuance of a permit issued by the department for such response action if such response action is otherwise in compliance with the provisions of this chapter,all regulations promulgated pursuant to this chapter, and all other applicable statutes and regulations until all of the following have occurred: (a) licenses have been issued to hazardous waste site cleanup professionals pursuant to sections nineteen through nineteen J of chapter twenty-one A,and(b)standards and requirements for the class or category of permit and response action in question have been promulgated by the department and are in effect. Except as otherwise provided in this chapter,no person shall carry out any response action without the prior issuance of a permit issued by the department for such response action, or in any manner not in conformity with the terms and conditions of such permit. By no later than July fust,nineteen hundred and ninetydhree,the department shall promulgate in accordance with section two of chapter thirty A,and shall submit to the state secretary for publication in the Massachusetts Register in accordance with sections five and six of chapter thirty A,regulations, standards,and requirements required by this subsection.By no later than January first,nineteen hundred and ninet3�three,the department shall submit to the state secretary for publication in the Massachusetts Register,and the state secretary shall publish in the Massachusetts Register,in accordance with sections five and six of chapter thirty A,the notice required by section two of chapter thirty A and a draft of the regulations,standards, and requirements described in the preceding sentence.After the initial promulgation of regulations,requirements,and standards required by this subsection(d),the department may amend or repeal them,or adopt additional ones, in accordance with all applicable requirements of chapter thirty A. (e)The department shall adopt and from time to time amend or repeal regulations establishing classes or categories of response actions or sites or vessels,or any combination of the foregoing,so that persons who carry out such response actions at such sites or vessels shall be required to cause to be rendered a waste site cleanup activity opinion,as that term is defined in section nineteen of chapter twenty-one A.Without limiting the generality of the foregoing,said regulations(1)shall set requirements for reasonable documentation to support such opinions,and(2)shall set requirements for the availability of such opinions to the department and to other persons,and(3)may authorize one or more of the opinions described in clauses (1)through(5)of the definition of waste site cleanup activity opinion,as that term is defined in section nineteen of chapter twenty-one A,to be rendered by persons who are not in possession of a valid license issued pursuant to sections nineteen through nineteen J of chapter twenty-one A,and(4)may establish classes or categories of response actions or sites or vessels, or any combination of the foregoing,for which a waste site cleanup activity opinion need not be rendered.The department may impose terms and conditions on the applicability of such regulations. Return to: "Next Section**Previous Section**Chapter Table of Contents*'Legislative Home Page M.G.L -Chapter 21, Section 3B. Pagel of 3 GENERAL LAWS OF MASSACHUSETTS PART L ADMINISTRATION OF THE GOVERNMENT. TITLE II. EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH. CHAPTER 21E.MASSACHUSETTS OIL AND HAZARDOUS MATERIAL RELEASE PREVENTION AND RESPONSE ACT. Chapter 21E: Section 3B.Permit application fees; annual compliance assurance fees. Section 3B.Notwithstanding any general or special law to the contrary,the department may,by regulation,establish permit application fees payable by all persons filing applications for a permit pursuant to the provisions of this chapter.For the purposes of this chapter, ""permit"shall mean any permit, license,certificate,formal determination,registration,plan approval,variance,or other approval issued by or required by the department pursuant to the authority of chapter twentyone E.For applications filed on or before December thirty-first,nineteen hundred and ninety-four,the fee for the category of permit application that involves the most extensive processing and consideration shall not exceed six thousand dollars per application and shall be the highest application fees.For applications filed on or after January first,nineteen hundred and ninety-five;the department shall,by regulation,establish such fees based on the department's reasonable,costs for processing and considering such permit applications including,without limitation,providing technical assistance,and performing and analyzing such environmental monitoring as is necessary to act on such applications. Such fees shall be based on a scale that accounts for the department's reasonable costs,appropriate for different categories of permit applications and permits.Permit application fees shall be payable upon filing the application. In instances of severe financial hardship,the commissioner or his designee may grant a timely request to extend the time for making payment.The department may require that persons applying for permits as a result of an order issued pursuant to clause(B)of paragraph(1)of subsection(b)of section 10,or as a result of any other enforcement action by the department or another agency of the commonwealth or its subdivisions,pay double the otherwise applicable fee.tf Notwithstanding any general or special law to the contrary,the department may,by regulation,establish annual compliance assurance fees for response actions at sites or vessels,payable by all persons,excluding agencies of the commonwealth,who are carrying out response actions pursuant to the provisions of this chapter,for each year or fraction thereof from the time that notice is fust required to be given to the department pursuant to section seven until the time that a permanent solution is being implemented or a level of no significant risk has been achieved in accordance with subsection(g)of section three A; provided,that such fees shall not be required for response actions that are of short duration and that are in response to a sudden release or threat of release of oil or hazardous material.Such fees shall be based on the department's cost for inspection,auditing and enforcement activities necessary to ensure compliance by persons carrying out such response actions. Such fees shall be based on a scale that accounts for the extent of such enforcement and compliance activity that is appropriate for different categories of permits;provided that the compliance assurance fee for the category of permit that involves the most extensive enforcement and compliance activity shall not exceed ten thousand dollars per response action per site or vessel per year and shall be the highest compliance assurance fee. At least forty-five days before the date such fee is due,the department shall notify each person carrying out such response action of the amount of the fee due and date by which payment is due. In instances of severe financial hardship, the commissioner or his designee may grant a timely request to extend the time for making payment. Failure by any person to pay any annual compliance assurance fee when due may result in suspension of or, if such failure continues for sixty days or more,may result in revocation of a permit issued pursuant to the provisions of this chapter,and shall be grounds for denial of any permit application filed by such person that is pending before the department,and for suspension or revocation of any or all other permits, licenses,or other approvals that such person has obtained from the department. In the event of untimely payment, interest on the amount due shall be assessed at the rate determined by the secretary of the executive office for administration and finance pursuant to section twentynine C of chapter twenty-nine. Such interest shall be in addition to any other remedy or penalty that might be applicable.Notwithstanding the provisions of section five,a person who has paid in full an annual compliance assurance fee pursuant to this section, including interest if and when applicable,shall not be liable to the commonwealth for the costs incurred by the department or by its agents or M.G.L - Chapter 21, Section 3B. Page 2 of 3 contractors for overseeing,or for supporting the overseeing of,the response action being performed by such person at or for a site or vessel, including but not limited to the costs of inspections,auditing,or enforcement activities necessary to ensure compliance with requirements for response actions at or for a site or vessel, if such costs were incurred during the period for which the annual compliance assurance fee was required to be paid for those response actions at or for that site or vessel. The department shall,by regulation,establish a schedule for timely action on the permits pursuant to this chapter. Said schedules may be based on the lengths of time appropriate for different categories of permits, and may make provisions for situations when permits other than those required pursuant to this chapter might be required.Each such schedule shall be as follows: (1)the schedule shall begin when an application is received by the department and the application fee paid; (2)one or more periods of reasonable length,based on the nature and complexity of the review required of the department,at the end of which time the department shall issue a decision to grant or deny the permit,or an identification of deficiencies in the application;provided,that the schedule may reasonably limit the amount of time to which the applicant may remedy such deficiencies; (3)a period of reasonable length, based on the nature and complexity of the review required of the department,beginning with receipt of materials submitted by the applicant in response to the department's identification of deficiencies,at the end of which time the department shall issue a decision to grant or deny the permit; (4)allowance for applicable state or federal public participation requirements;and (5)a provision extending the time periods set forth in clauses(2)and(3)when action by another federal,state,or municipal government agency is required before the department may act,when judicial proceedings affect the ability of the department or the applicant to proceed with application,when the department has commenced enforcement proceedings which could affect the application,or when the applicant provides written assent extending any applicable time period. If the department fails to take timely action on a permit application within a time period set forth in the applicable schedule, one day shall be subtracted from the number of days allowed for the department's next action in the appropriate schedule for each day that the department's action is tardy,unless the period has been extended pursuant to clause(5).Should the department fail to take timely action on a permit application within the time period set forth in the applicable schedule pursuant to clause(3),subject to any adjustment required by the preceding sentence,the department shall refund without further appropriation the permit application fee paid by the applicant unless the time period has been extended pursuant to clause(5),and shall continue to process the permit application on a high priority basis.The requirements for schedules set forth in this section shall not apply to adjudicatory hearings conducted by the department. As a precondition to the department's authority to establish permit application fees and annual compliance assurance fees pursuant to the provisions of this chapter,and prior to the first establishment of such fees,the department shall promulgate all regulations required pursuant to this section. On or before July first,nineteen hundred and ninety-four,and on or before July fust of every third year thereafter,the department shall review all fees and schedules established by the department pursuant to this section,and shall by regulation adjust fees and schedules as necessary,and in compliance with the requirements of this section,to reflect changes in regulatory requirements,technologies,the nature and cost of the department's permitting and compliance activities,and improvements in the department's practices and procedures.To the maximum extent practicable, this review shall be coordinated and combined with the review required pursuant to subsection 0)of section eighteen of chapter twentyone A. The department shall submit any regulations promulgated under the provisions of this section establishing permit application fees or annual compliance assurance fees to the joint legislative committee on natural resources and agriculture and to the house and senate committees on ways and means at least sixty days prior to the effective date of said regulations. All monies received by the department for permit application fees and annual compliance assurance fees pursuant to this chapter,and not refunded to permit applicants,shall be deposited in the Environmental Challenge Fund, established pursuant to section two J of chapter twenty-nine. The provisions of subsections(e),(f),(g),and(h)of section eighteen of chapter twentyone A shall apply to activities conducted pursuant to the provisions of this chapter, and fees collected for such activities shall be deposited in the . ' M.G.L -Chapter 21, Section 3B. Page 3 of 3 Environmental Permitting and Compliance Assurance Fund,established pursuant to section two P of chapter twentynine. Return to: **Next Section**Previous Section**Chapter Table of Contents**Legislative Home Page " M.G.L - Chapter 21, Section 4. Pagel of 2 GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT. TITLE IL EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH. CHAPTER 21E.MASSACHUSETTS OIL AND HAZARDOUS MATERIAL RELEASE PREVENTION AND RESPONSE ACT. Chapter 21E: Section 4.Response actions; assessment,containment and removal; liability of persons providing care, assistance or advice. Section 4. The department,whenever it has reason to believe that oil or hazardous material has been released or that there is a threat of release of oil or hazardous material, is authorized to take or arrange for such response actions as it reasonably deems necessary.Releases and threats of release for which the department undertakes such response actions, and the extent of such response actions,shall be determined by reference to the Massachusetts contingency plan.Prior to undertaking any response action,the department shall notify the owner or operator of the site or vessel or a fiduciary,city or town or secured lender that has title to or possession of a site or vessel of its intent to take such action. Such notice shall not be required when the department does not know the identity or location of the owner or operator or of a fiduciary,city or town or secured lender that has title to or possession of a site or vessel,or when because of an emergency or other circumstances,the giving of such notice would be impractical. In the event the department and the department of public health jointly determine the need for, scope and cost of a study of the public health effects of a release or threat of release of oil or hazardous material,the department shall provide for the conduct of such a study under the direction of the department of public health. Nothing in this section shall preclude assessment,containment and removal by any person threatened or damaged by such release or threat of release,provided such assessment,containment and removal is conducted in accordance with the Massachusetts contingency plan and consistently with assessment,containment and removal actions conducted by the department. Chemicals shall not be used in the assessment,containment and removal of released oil or hazardous materials unless and until their use has been authorized by the department. Any person who undertakes a necessary and appropriate response action regarding the release or threat of release of oil or hazardous material shall be entitled to reimbursement from any other person liable for such release or threat of release for the reasonable costs of such response action. If two or more persons are liable pursuant to section five for such release or threat of release,each shall be liable to the others for their equitable share of the costs of such response action.All claims and actions for contribution,reimbursement or equitable share by persons other than the commonwealth pursuant to this paragraph,except those pending in court on the effective date of section four A shall be subject to,and brought in accordance with,the procedures set forth in section four A. Any person who without charge renders assistance at the request of a duly authorized representative of the department in removing oil or hazardous material released shall not be liable,notwithstanding any other provision of law, for civil damages as a result of any act or omission by him in removing such oil or hazardous material,except for acts or omissions of gross negligence or willful misconduct. Any person,except a person who is liable pursuant to clause(1)of paragraph(a)of section five,who provides care, assistance or advice in response to a release or threat of release of oil into or on to the tidal waters of the United States including without limitation the territorial sea,or to any tidal shorelines adjoining any waters of the United States,or to the zone established by Presidential Proclamation numbered 5030 dated March tenth,nineteen hundred and eightythree, including without limitation,the ocean waters of the areasreferred to as""eastern special areas"in Article 3 (1)of the Agreement between the United States ofAmerica and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June first,nineteen hundred and ninety,and said care,assistance or advice is consistent with applicable state law,or the National Contingency Plan or as otherwise directed by the federal on-scene coordinator predesignated by the United States Environmental Protection Agency or the United States Coast Guard to coordinate and direct a federal response for oil removal under subpart D of the National Contingency Plan,or by the state official with responsibility for oil spill response shall not be liable,notwithstanding any other provision of law, including section five,for removal costs or damages which result from actions taken or omitted to be taken in the course of providing such care, assistance,or advice,except with M.G.L -Chapter 21, Section 4. Page 2 of 2 respect to personal injury or wrongful death,or if such person is grossly negligent or engages in willful misconduct.For the purposes of this paragraph,the term damages shall mean any damages,costs,expenses or economic loss of any kind for which liability may exist under the laws of this state resulting from, arising out of or related to the discharge or threatened discharge of oil.As used in the preceding sentence,the term discharge shall mean any emission, other than natural seepage, intentional or unintentional,and including but not limited to spilling,leaking,pumping,pouring,emitting,emptying or dumping of oil,oil refuse, oil mixed with wastes,other than dredge spoil,or petroleum,but not including hazardous substances which are specifically listed under 42 USC 9601 (14)(A)through(F)and which are subject to the provisions of that Act.Nothing in this section shall affect the liability of a person as described in clause(1)of paragraph(a)of section five, for oil spill response under any other provision of the General Laws. Return to: **Next Section **Previous Section**Chapter Table of Contents**Legislative Home Pate M.G.L - Chapter 21, Section 9. Page 1 of 1 GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT. TITLE II. EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH. CHAPTER 21E.MASSACHUSETTS OIL AND HAZARDOUS MATERIAL RELEASE PREVENTION AND RESPONSE ACT. Chapter 21E: Section 9. Order to conduct assessment,containment or removal. Section 9. Whenever it has reason to believe that oil or hazardous material has been released or that there is a threat of release of oil or hazardous material,the department may issue to any person described in paragraph(a)of section five an order requiring such person to conduct an assessment of such release or threat of release.Releases and threats of release for which the department orders such assessment shall be determined by reference to the Massachusetts contingency plan. Whenever in the opinion of the department a release or threat of release poses a significant danger to the public health,safety, welfare,or the environment,the department may issue to any person described in paragraph(a)of section five an order requiring such person to conduct such containment and removal actions,consistent with the Massachusetts Contingency Plan, as the department reasonably deems necessary. Whenever there is a violation of this chapter,the department may issue to such person causing or contributing to such violation an order requiring the production or analysis of samples and the production of records,or imposing such restraints of or requiring such action by said persons. Issuance of an order under this section shall not preclude,and shall not be deemed an election to forego,any action authorized by section four or any action to recover damages,costs,or to seek civil penalties,criminal fines and sanctions,or injunctive relief. Return to: ** Next Section**Previous Section**Cb after Table of Contents**Legislative Home Pagee M.G.L - Chapter 21, Section 10. Page 1 of 2 GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT. TITLE II. EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH. CHAPTER 21E.MASSACHUSETTS OIL AND HAZARDOUS MATERIAL RELEASE PREVENTION AND RESPONSE ACT. Chapter 21E:Section 10.Orders; review. Section 10.The issuance of an order pursuant to section nine shall be subject to the following provisions.The department shall, in its sole discretion,choose which of the following provisions shall be applicable to a particular order.Notice of the department's choice,and of the applicable provisions,shall be included in the order. (a)The issuance of an order not subject to any other provision of this section shall be an adjudicatory proceeding and shall be subject to all provisions of chapter thirty A governing adjudicatory proceedings.Any person aggrieved by the issuance of an order may request an adjudicatory hearing before the department.Any such order shall contain a notice of the right to request a hearing and may specify a reasonable time limit,not to exceed twemyone days,within which said person shall request said hearing.If no such request is timely made,the order shall be deemed assented to. If a timely request is received,the department shall act upon such request within a reasonable time in accordance with said provisions of chapter thirty A. (b)(1)The provisions of this subsection(b)shall apply to the following orders: (A)Orders,or parts of orders, in which the department finds that an imminent hazard to public health,safety,or welfare,or to the environment could result in avoidable delay in compliance. (B)An order to any person described in paragraph(a)of section five to apply for a permit to carry out,or to carry out,or both,response actions at or for the site,provided that the following conditions are met: (i)The site in question has been listed pursuant to subsection(b)of section three A,and (ii)The department has given the person in question reasonable opportunity to voluntarily apply for a permit or carry out the response actions in question,and (iii)The department makes a finding,which appears in the order,together with a brief and concise statement of the department's reasons for making said finding,that it would be contrary to the public interest for needed or appropriate response actions to be deferred any longer or to force the government to use government funds to pay so that such response actions are not deferred any longer,and (iv)The order contains a brief,concise statement of notice of the rights of reimbursement and review set forth in this subsection(b). (2)An order issued pursuant to this subsection(b)shall become effective and enforceable immediately upon issuance. Such order shall not be an adjudicatory proceeding and shall not be subject to those provisions of chapter thirty A,or any other law,governing adjudicatory proceedings. Any person who receives and complies with the terms of such order may, within ninety days after completion of such compliance,petition the department for reimbursement for the reasonable costs of such compliance.The department may grant the petition only if the department is persuaded that(i)either the person to whom the order was issued was not liable pursuant to this chapter,or was entitled to the benefits of an affirmative defense or limitation on liability set forth in this chapter or in any other applicable law,and(ii)the costs for which reimbursement are sought are for compliance with the order and were incurred reasonably and in good faith.The refusal by the department to grant all or part of such petition shall not be an adjudicatory proceeding and shall not be subject to those provisions of chapter thirty A, or any other law, governing adjudicatory proceedings. If the department refuses to grant all or part of such petition,the petitioner may within ninety days of receipt of such refusal file a civilaction against the department in the superior court M.G.L -Chapter 21, Section 10. Page 2 of 2 department of the trial court. (3)No court shall have jurisdiction to review an order issued pursuant to this subsection(b), or to take any action with respect thereto,unless the proceeding in the court is one or any combination of more than one of the following= (A)an action pursuant to section four for contribution,reimbursement, or for equitable sharing of the costs of response action or of other liability pursuant to this chapter;or (B)an action pursuant to section five to recover costs or damages;or (C)an action pursuant to this subsection(b)for reimbursement of the reasonable costs of compliance with the order; provided,that the court shall award such reimbursement only to the extent the court finds that it is persuaded,by a preponderance of the evidence,that the department erred in refusing to grant the petition for such reimbursement;or (D)an action pursuant to section eleven for civil or criminal penalties; or (E)an action brought by the commissioner or the attorney general pursuant to section eleven for injunctive relief;or (F)judicial review,pursuant to the provisions of chapter thirty A governing adjudicatory proceedings,of a civil administrative penalty assessed pursuant to section sixteen of chapter twentyone A. (4)The department may establish an administrative record upon which the department shall base the selection of a response action required in an order issued pursuant to subsection(b). The development of such administrative record shall be in accordance with the provisions of section five A.If the department establishes an administrative record,judicial review of any issues associated with the adequacy or reasonableness of any response action required in such order shall be limited to said administrative record.Otherwise applicable principles of administrative law shall govern whether any supplemental materials may be considered by the court. Return to: **Next Section**Previous Section**Chapter Table of Contents**Legislative Home Pagg k a�v� � �^` « � • " mow% ." • �� 1.t� • x I!n I!(' �n 6 � a T n ' r Or 4 $' 1 �; �•. � ` kr�L a ! ` 11 .h T'• �, y� RT ol A le ow AiN i r; l y `J M.G.L -Chapter 131, Section 40. Page 1 of 6 GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT. TITLE XIX. AGRICULTURE AND CONSERVATION. CHAPTER 131. INLAND FISHERIES AND GAME AND OTHER NATURAL RESOURCES. Chapter 131:Section 40.Removal, filling,dredging or altering of land bordering waters. Section 40.No person shall remove, fill,dredge or alter any bank,riverfront area, fresh water wetland,coastal wetland, beach,dune, flat,marsh,meadow or swamp bordering on the ocean or on any estuary,creek,river,stream,pond,or lake,or any land under said waters or any land subject to tidal action,coastal storm flowage,or flooding,other than in the course of maintaining,repairing or replacing,but not substantially changing or enlarging,an existing and lawfully located structure or facility used in the service of the public and used to provide electric,gas,water,telephone,telegraph and other telecommunication services,without filing written notice of his intention to so remove,fill,dredge or alter,including such plans as may be necessary to describe such proposed activity and its effect on the environment and without receiving and complying with an order of conditions and provided all appeal periods have elapsed. Said notice shall be filed by delivery in hand to the conservation commission or its authorized representative or by certified mail,return receipt requested,to said commission,or, if none,to the board of selectmen in a town or the mayor of a city in which the proposed activity is to be located.Upon such filing,the receipt of such notice shall be acknowledged in writing on the face thereof and shall include the time and date so received.A person delivering said notice by hand shall be given a receipt in writing acknowledging the time and date of such filing. Copies of such notice shall be sent at the same time by certified mail to the department of environmental protection.To defray state and local administrative costs each person filing such a notice shall pay a filing fee, determined on a sliding scale basis by the commissioner of administration after consultation with the secretary of environmental affairs.Fifty percent of any filing fee in excess of twentyfrve dollars shall be made payable to the department of environmental protection,in a manner to be determined by the commissioner of environmental protection,at the same time as the copies of the notice are sent to the department of environmental protection.The remainder of said fee shall be made payable to the city or town;provided,that said remainder shall be expended solely by the local conservation commission for the performance of its duties under this chapter and shall accompany the copy of the notice sent to the city or town.No such notice shall be sent before all permits,variances,and approvals required by local bylaw with respect to the proposed activity, which are obtainable at the time of such notice,have been obtained,except that such notice may be sent,at the option of the applicant,after the filing of an application or applications for said permits,variances,and approvals;provided,that such notice shall include any information submitted in connection with such permits,variances,and approvals which is necessary to describe the effect of the proposed activity on the environment.Upon receipt of any notice hereunder the department of environmental protection,hereinafter called the department,shall designate a file number for such notice and shall send a notification of such number to the person giving notice to the conservation commission,selectmen or mayor to whom the notice was given. Said notification shall state the name of the owner of the land upon which the proposed work is to be done and the location of said land. Any person filing a notice of intention with a conservation commission shall at the same time give written notification thereof,by delivery in hand or certified mail,return receipt requested,to all abutters within onehundred feet of the property line of the land where the activity is proposed,at the mailing addresses shown on the most recent applicable tax list of the assessors, including, but not limited to, owners of land directly opposite said proposed activity on any public or private street or way,and in another municipality or across a body of water. Said notification shall be at the applicant's expense,and shall state where copies of the notice of intention may be examined and obtained and where information regarding the date,time and place of the public hearing may be obtained. Proof of such notification,with a copy of the notice mailed or delivered, shall be filed with the conservation commission. Within twenty-one days of the receipt by a conservation commission of a written request made by any person and sent by certified mail,said commission shall make a written determination as to whether this section is applicable to any land or work thereon. When such person is other than the owner,notice of any such determination shall also be sent to the owner. The term ""applicant"as used in this section shall mean the person giving notice of intention to remove,fill,dredge or alter. M.G.L - Chapter 131, Section 40. Page 2 of 6 The term ""person"as used in this section shall include any individual,group of individuals, association,partnership, corporation,company,business organization,trust,estate,the commonwealth or political subdivision thereof, administrative agency,public or quasipublic corporation or body,or any other legal entity or its legal representative, agents or assigns. The term ""bogs"as used in this section shall mean areas where standing or slowly running water is near or at the surface during a normal growing season and where a vegetational community has a significant portion of the ground or water surface covered with sphagnum moss(Sphagnum)and where the vegetational community is made up of a significant portion of one or more of,but not limited to nor necessarily including all,of the following plants or groups of plants:aster(Aster nemoralis), azaleas (Rhododendron canadense and R. viscosum), black spruce(Picea mariana), bog cotton(Eriophorum), cranberry (Vaccinium macrocarpon),high-bush blueberry (Vaccinum corymbosum), larch (Larix laricina), laurels (Kalmiaangustifolia and K.polifolia), leatherleaf(Chamaedaphne calyculata), orchids (Arethusa, Calopogon, Pogonia), pitcher plants(Sarracenia purpurea), sedges(Cyperaceae), sundews(Droseraccae), sweet gale(Myricagale), white cedar (Chamaecyparis thyoides). The term ""coastal wetlands",as used in this section,shall mean any bank,marsh, swamp,meadow,flat or other lowland subject to tidal action or coastal storm flowage. The term""freshwater wetlands", as used in this section,shall mean wet meadows,marshes, swamps,bogs, areas where groundwater,flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year;emergent and submergent plant communities in inland waters;that portion of any bank which touches any inland waters. The term""swamps",as used in this section,shall mean areas where ground water is at or near the surface of the ground for a significant part of the growing season or where runoff water from surface drainage frequently collects above the soil surface, and where a significant part of the vegetational community is made up of,but not limited to nor necessarily include all of the following plants or groups of plants;alders (Alnus), ashes (Fraxinus),azaleas(Rhododendron canadense and R. viscosum), black alder(Ilex verticillate), black spruce(Picea mariana), buttonbush(Cephalanthus occidentalis),American or white ehn (Ulmus americana),white Hellebore(Veratrum viride), hemlock(Tsuga canadensis),highbush blueberry(Vaccinium corymbosum), larch(Larix laricina), cowslip(Calthapalustris),poison sumac (Toxicodendron vernix), red maple(Acer rubrum), skunk cabbage (Symplocarpus foetidus),sphagnum mosses(Sphagnum), spicebush (Lindera benzoin),black gum tupelo(Nyssa sylvatica), sweet pepperbush (Clethra alnifolia), white cedar(Chamaecyparis thyoides), willow (Salicaceae). The term""wet meadows", as used in this section where ground water is at the surface for the significant part of the growing season and near the surface throughout the year and where a significant part of the vegetational community is composed of various grasses,sedges and rushes;made up of,but not limited to nor necessarily including all,of the following plants or groups of plants;blue flag(Iris), vervain(Verbena), thoroughwort(Eupatorium), dock(Rumex), false loosestrife(Ludwigia), hydrophilic grasses(Gramincae), loosestrife(Lythrum), marsh fern(Dryopteris thelypteris), rushes(Juncaceae),sedges (Cyperaceae), sensitive fern(Onocleasensibilis),smartweed(Polygonum). The term ""marshes",as used in this section,shall mean areas where a vegetational community exists in standing or running water during the growing season and where a significant part of the vegetational community is composed of,but not limited to nor necessarily including all,of the following plants or groups of plants: arums(Araceae), bladder worts(Utricularia), bur reeds (Sparganiaceae), button bush(Cephalanthus occidentalis), cattails (Typha), duck weeds(Lemnaceae), eelgrass (Vallisneria), frog bits(Hydrocharitaceae), horsetails(Equisetaceae),hydrophilic grasses(Gramineae),leatherleaf (Chamaedaphne calyculata), pickerel weeds(Pontederiaceae), pipeworts (Eriocaulon),pond weeds (Potamogeton), rushes (Juncaceae), sedges(Cyperaceae), smartweeds (Polygonum),sweet gale(Myrica gale),water milfoil(Halcragaceae),water lilies (Nymphaeaceae), water starworts (Callitrichaceae),water willow (Decodon verticillatus). The term ""Densely developed areas",as used in this section shall mean,any area of ten acres or more that is being utilized, or includes existing vacant structures or vacant lots formerly utilized as of January first,nineteen hundred and fortyfour or sooner for,intensive industrial,commercial, institutional,or residential activities or combinations of such activities, including,but not limited to the following: manufacturing, fabricating,wholesaling,warehousing,or other commercial or industrial activities;retail trade and service activities;medical and educational institutions;residential dwelling structures at a density of three or more per two acres; and mixed or combined patterns of the above. Designation of a densely developed area is subject to the secretary of the executive office of environmental affairs approval of a city or town's request for such designation.Land which is zoned for intensive use but is not being utilized for such use as of January first,nineteen hundred and ninety-seven or which has been subdivided no later than May first,nineteen hundred and ninetysix shall not be considered a densely developed area for the purposes of this chapter. M.G.L -Chapter 131, Section 40. Page 3 of 6 The term ""Mean annual high-water line",as used in this section,shall mean with respect to a river,the line that is apparent from visible markings or changes in the character of soils or vegetation due to the prolonged presence of water and which distinguishes between predominantly aquatic and predominantly terrestrial land.The mean high tide line shall serve as the mean annual high water line for tidal rivers. The term ""River",as used in this section, shall mean a natural flowing body of water that empties to any ocean, lake,or other river and which flows throughout the year. The term ""Riverfront area",as used in this section,shall mean that area of land situated between a river's mean annual high water line and a parallel line located two hundred feet away,measured outward horizontally from the river's mean annual high-water line.This definition shall not create a buffer zone,so-called,beyond such riverfront area.Riverfront areas within municipalities with(i)a population of ninety thousand or more persons or(ii)a population density greater than nine thousand persons per square mile,as determined by the nineteen hundred and ninety federal census;(iii)that are within densely developed areas as defined herein;(iv)land in Waltham between the Charles river on the north,and the Crescent street and Pine street on the south, and the intersection of the Charles river and a line extended from the center line of Walnut street on the west, and the railroad right-of-way now or formerly of the Boston and Maine Railroad on the east;or(v)property located in the town of Milton shown on Milton assessors Map G,Block 56,Lot 13, located on 2 Granite Avenue shall be defined as that area of land situated between a river's mean annual high-water line and a parallel line located twenty-five feet away, measured outward horizontally,from the river's mean annual highwater line. The riverfront area shall not include land now or formerly associated with historic mill complexes including,but not limited to, the mill complexes in the Cities of Holyoke, Taunton,Fitchburg,Haverhill,Methuen and Medford in existence prior to nineteen hundred and fortysix and situated landward of the waterside facade of a retaining wall,building,sluiceway,or other structure existing on the effective date of this act. The riverfrom area shall not apply to any mosquito control work done under the provisions of clause(36)of section five of chapter forty, of chapter two hundred and fifty-two or of any special act or to forest harvesting conducted in accordance with a cutting plan approved by the department of environmental management,under the provisions of sections forty to forty-six,inclusive,of chapter one hundred and thirty-two;and shall not include any area beyond one hundred feet of river's mean annual high water mark: in which maintenance of drainage and flooding systems of cranberry bogs occurs;in which agricultural land use or aquacultural use occur;to construction,expansion,repair,maintenance or other work on piers, docks,wharves,boat houses,coastal engineering structures, landings, and all other structures and activities subject to licensing or permitting under chapter ninety one and its regulations;provided that such structures and activities shall remain subject to statutory and regulatory requirements under chapter ninety-one and section forty of chapter one hundred and thirty- one or is the site of any project authorized by special act prior to January first,nineteen hundred and sevemythree. The term ""Riverfront area boundaryline",as used in this section shall mean the line located at the outside edge of the riverfront area. g The conservation commission,selectmen or mayor receiving notice under this section shall hold a public hearing on the proposed activity within twenty-one days of the receipt of said notice.Notice of the time and place of said hearing shall be given by the hearing authority at the expense of the applicant,not less than five days prior to such hearing,by publication in a newspaper of general circulation in the city or town where the activity is proposed and by mailing a notice to the applicant and to the board of health and the planning board of said city or town. The conservation commission and its agents, officers and employees and the commissioner of environmental protection and his agents and employees,may enter upon privately owned land for the purpose of performing their duties under this section.No conditions shall be imposed,nor shall any determination be rendered by a conservation commission, in reference to this section,unless the conservation commission meets with a quorum present. If after said hearing the conservation commission,selectmen or mayor,as the case may be, determine that the area on which the proposed work is to be done is significant to public or private water supply, to the groundwater supply,to flood control, to storm damage prevention,to prevention of pollution,to protection of land containing shellfish,to the protection of wildlife habitat or to the protection of fisheries or to the protection of the riverfront area consistent with the following purposes: to protect the private or public water supply;to protect the ground water;to provide flood control;to prevent storm damage;to prevent pollution;to protect land containing shellfish;to protect wildlife habitat;and to protect the fisheries,such conservation commission,board of selectmen or mayor shall by written order within twentyone days of such hearing impose such conditions as will contribute to the protection of the interests described herein,and all work shall be done in accordance therewith. If the conservation commission,selectmen or mayor, as the case may be,make a determination that the proposed activity does not require the imposition of such conditions,the applicant shall be notified of such determination within twenty-one days after said hearing. Such order or notification shall be signed by the mayor or a majority of the conservation commission or board of selectmen,as the case may be, and a copy thereof shall be sent forthwith to the applicant and to the department. M.G.L -Chapter 131, Section 40. Page 4 of 6 If a conservation commission has failed to hold a hearing within the twentyone day period as required,or if a commission, after holding such a hearing has failed within twentyone days therefrom to issue an order,or if a commission,upon a written request by any person to determine whether this section is applicable to any work,fails within twenty-one days to make said determination,or where an order does issue from said commission,the applicant,any person aggrieved by said commission's order or failure to act,or 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 said land is located,may,by certified mail and within ten days from said commission's / order or failure to act,request the department of environmental protection to determine whether the area on which the proposed work is to be done is significant to public or private water supply,to the groundwater supply,to flood control,to storm damage prevention,to prevention of pollution,to protection of land containing shellfish,to the protection of wildlife habitat or to the protection of fisheries or to the protection of the riverfront area consistent with the following purposes:to protect the private or public water supply;to protect the ground water;to provide flood control;to prevent storm damage;to prevent pollution;to protect land containing shellfish;to protect wildlife habitat;and to protect the fisheries.The commissioner of environmental protection or his designee also may request such a determination within said ten days.The party making any such request shall at the same time send a copy thereof by certified mail to the conservation commission, board of selectmen or mayor which conducted the hearing hereunder.If such party is other than the applicant,a copy of such request shall also be sent at the same time by certified mail to the applicant.Upon receipt of such request the department shall make the determination requested and shall by written order issued within seventy days of receipt of such request and signed by the commissioner or his designee, impose such conditions as will contribute to the protection of the interests described herein;provided,however, that said department shall notify the applicant within thirty days of the receipt of such request if his application or request is not in proper form or is lacking information or documentation necessary to make the determination. Such order shall supersede the prior order of the conservation commission,board of selectmen or mayor,and all work shall be done in accordance therewith,but in no event shall any work commence until ten days have elapsed following the issuance of said order.In the case of riverfront areas,no order issued by a conservation commission,board of selectmen,mayor, or the department shall permit any work unless the applicant,in addition to meeting the otherwise applicable requirements of this section,has proved by a preponderance of the evidence that(1)such work, including proposed mitigation measures,will have no significant adverse impact on the riverfront area for the following purposes:to protect the private or public water supply;to protect the ground water;to provide flood control;to prevent storm damage;to prevent pollution;to protect land containing shellfish;to protect wildlife habitat;and to protect the fisheries,and(2)there is no practicable and substantially equivalent economic alternative to the proposed project with less adverse effects on such purposes.An alternative is practicable and substantially economically equivalent if it is available and capable of being done after taking into consideration: costs,and whether such costs are reasonable or prohibitive to the owner;existing technology; the proposed use; and logistics in light of overall project purposes.For activities associated with access for one dwelling unit, the area under consideration for practicable alternatives will be limited to the lot;provided,that said lot shall be on file with the registry of deeds as of the August first,nineteen hundred and ninetysix.For other activities including,but not limited to, the creation of a real estate subdivision,the area under consideration shall be the subdivided lots,any parcel out of which the lots were created,and any other parcels that are adjacent to such parcel or adjacent through other parcels formerly or presently owned by the same owner at any time on or after August first,nineteen hundred and ninetysix or any land which can reasonably be obtained;provided,that an ownership interest can reasonably be obtained after taking into consideration: cost,and whether such cost is reasonable or prohibitive to the owner;existing technology; the proposed use;and logistics in light of overall project purposes.At any time prior to a final order of determination by the department,any party requesting a determination may in writing withdraw the request,and such withdrawal shall be effective upon receipt by the department. Notwithstanding the withdrawal,the commissioner or his designee may continue the determination if he notifies all parties within ten days of receipt of the withdrawal.A copy of such order shall be sent to the applicant,to the conservation commission,board of selectmen or mayor which conducted the hearing hereunder.As used in this section the words ""wildlife habitat"shall mean those areas subject to this section which, due to their plant community composition and structure,hydrologic regime or other characteristics,provide important food,shelter, migratory or overwintering areas,or breeding areas for wildlife. No work proposed in any notice of intention shall be undertaken until the final order,determination or notification with respect to such work has been recorded in the registry of deeds,or if the land affected thereby be registered land, in the registry section of the land court for the district wherein the land lies. If the final order, determination or notification requires the recording of a plan which(1)shows the location of the work,(2)is prepared by a registered professional engineer or land surveyor and(3)is in recordable form,no work proposed in the notice of intention shall be undertaken until such plan has been recorded in the registry of deeds or, if the land affected thereby is registered land, in the registry section of the land court for the district wherein such land lies. Within twenty-one days of the receipt of a written request,by the applicant or the owner of the property, for a certificate of compliance,the issuer of the final order shall grant such request if the activity,or portions thereof,complies with such final order.The certificate of compliance shall state that the activity,or portions thereof,has been completed in accordance with such order. M.G.L -Chapter 131, Section 40. Page 5 of 6 Any site where work is being done which is subject to this section shall display a sign of not less than two square feet or more than three square feet bearing the words,""Massachusetts Department of Environmental Protection File Number...:. and the sign shall display the file number assigned to the project. If the department of environmental protection finds that any proposed work would violate the provisions of chapter ninety- one, it shall proceed immediately to enforce the provisions of said chapter. The provisions of this section shall not apply to any mosquito control work done under the provisions of clause(36)of section five of chapter forty,of chapter two hundred and fiftytwo or of any special act;to maintenance of drainage and flooding systems of cranberry bogs,to work performed for normal maintenance or improvement of land in agricultural use or in aquacultural use;or to any project authorized by special act prior to January first,nineteen hundred and seventythree. Within one hundred and twenty days of the effective date of this act,the department,upon the advice and consent of the Commissioner of the Department of Food and Agriculture,shall promulgate rules and regulations pursuant to this section which shall establish definitions for the term ""normal maintenance or improvement of land in agricultural,or in aquacultural use",for each agricultural commodity, or where appropriate because of similarities in cultural practices,groups or commodities in the Commonwealth.The department shall create a farmland advisory board to be appointed by the commissioner consisting of five persons one a member of the cooperative extension service,one a member of the USDA soil conservation service, one a member of a municipal conservation commission who has demonstrated expertise in agricultural issues,and two commercial farmers with expertise in different agricultural commodities to assist the department in the drafting of rules and regulations pursuant to this paragraph. The notice of intention required in the first paragraph of this section shall not apply to emergency projects necessary for the protection of the health or safety of the commonwealth which are to be performed or which are ordered to be performed by an agency of the commonwealth or a political subdivision thereof.An emergency project shall mean any project certified to be an emergency by the conservation commission of the city or town in which the project would be undertaken,or if none,by the mayor of said city or the selectmen of said town.If the conservation commission,mayor,or selectmen,as the case may be,fail to act favorably within twenty-four hours of receipt of a request for certification of an emergency project,said project may be so certified by the commissioner or his designee.In no case shall any removal,filling,dredging,or alteration authorized by such certification extend beyond the time necessary to abate the emergency. Notwithstanding the provisions of section fourteen of chapter twentyone A or any other provision of law to the contrary,the notice of intention required in the first paragraph of this section shall not apply to a maintenance dredging project for which a license has been previously issued within ten years by the division of waterways of the department of environmental protection.A person intending to fill or dredge under such previously issued license shall file a written notice by certified mail to the conservation commission or if none,to the board of selectmen in a town or mayor of a city in which the land upon which such dredging project is located. Such notice shall contain the name and address of the applicant. If the conservation commission,the board of selectmen or mayor fails to notify the applicant at the applicanPs address within twenty days of the receipt of such notice of the specific objections to the commencement of such dredging fill or maintenance dredging contemplated under said license,the applicant may commence such work without any further notice to other agencies of the commonwealth.Notwithstanding failure to notify an applicant,as hereinbefore provided,the conservation commission,the board of selectmen or mayor may at any time designate an area at which spoilage from the dredging may be placed and may require the relocation of shellfish before such maintenance dredging takes place. If the conservation commission,the board of selectmen or mayor cites specific objections to the notice of intention, such conservation commission,board of selectmen or mayor may order a hearing as provided in this section and all other pertinent provisions of this section shall apply. Any person who purchases,inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this section or in violation of any order issued under this section shall forthwith comply with any such order or restore such real estate to its condition prior to any such violation;provided,however,that no action,civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person.Any court having equity jurisdiction may restrain a violation of this section and enter such orders as it deems necessary to remedy such violation,upon the petition of the attorney general,the commissioner, a city or town,an owner or occupant of property which may be affected by said removal, filling,dredging or altering,or ten residents of the commonwealth under the provisions of section seven A of chapter two hundred and fourteen. M.G.L -Chapter 131, Section 40. Page 6 of 6 Rules and regulations shall be promulgated by the commissioner to effectuate the purposes of this section.However,failure by the commissioner to promulgate rules and regulations shall not act to suspend or invalidate the effect of this section.In addition to the other duties provided for in this section,a conservation commission and its agents,officers,and employees; the commissioner,his agents and employees;environmental officers,and any officer with police powers may issue enforcement orders directing compliance with this section and may undertake any other enforcement action authorized by law.Any person who violates the provisions of this section may be ordered to restore property to its original condition and take other actions deemed necessary to remedy such violations. No person shall remove,fill,dredge or alter any area subject to protection under this section without the required authorization,or cause, suffer or allow such activity,or leave in place unauthorized fill,or otherwise fail to restore illegally altered land to its original condition,or fail to comply with an enforcement order issued pursuant to this section.Each day such violation continues shall constitute a separate offense except that any person who fails to remove unauthorized fill or otherwise fails to restore illegally altered land to its original condition after giving written notification of said violation to the conservation commission and the department shall not be subject to additional penalties unless said person thereafter fails to comply with an enforcement order or order of conditions. Whoever violates any provision of this section,(a)shall be punished by a fine of not more than twentyfive thousand dollars or by imprisonment for not more than two years,or both such fine and imprisonment;or(b),shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation. Return to: **Next Section**Previous Section**Chapter Table of Contents**]Legislative Home Page NORTH RIVER SYSTEM The North River receives flow from one freshwater tributary named Proctor Brook. Proctor Brook is fed by two named streams, Goldthwait Brook and Strongwater Brook. Goldthwait Brook receives flow from one named tributary, Tapley Brook. Review of historical water quality data from the North River system (Goldthwait and Proctor Brooks and the North River revealed that pathogens impaired the Primary and Secondary Contact Recreational uses while low levels of dissolved oxygen and high concentrations of ammonia-nitrogen impaired the Aquatic Life Use. Ammonia-nitrogen concentrations on 18 and 19 August 1987 at four stations (two each on Goldthwait and Proctor Brooks) ranged between 0.99 and 3.2 mg/L) and averaged 2.4 mg/L (Duerring 1989). Other pollution problems(sediment contamination)were also problematic. Assessments follow for Goldthwait and Proctor Brooks and the North River. NORTH RIVER SYSTEM 0 e North Coastal Watershed 1997/1998 Water Quality Assessment Report 66 93"ar.doc DWM CN 17.0 BEVERLY HARBOR SYSTEM Beverly Harbor is bordered by the cities of Beverly to the north and Salem to the south. Beverly Harbor is approximately 0.78 mit in area and similar in depth to Salem Harbor but receives a proportionately larger freshwater input from the combined flows of the Bass, Porter, Crane, Waters, and North rivers. All of these rivers flow into the Danvers River, which is tidal for its entire length, which discharge into Beverly Harbor. This river system drains highly urbanized sections of Salem, Peabody, Danvers and Beverly.' BEVERLY HARBOR SYSTEM mai T amok North Coastal Watershed 1997/1998 Water Quality Assessment Report 44 93wgar.doc DWM CN 17.0 PROCTOR BROOK (SEGMENT MA93-39) Location: Outlet small pond north of Downing Road, Peabody to Goodhue Street Bridge, Salem. Length/area: 2.9 river miles. Classification: Class B. SEGMENT DESCRIPTION This segment of Proctor Brook, a Class B waterbody, begins in a wetland south of the Boston and Maine Railroad,just north of Downing Road in Peabody. Proctor Brook flows in a generally easterly direction, and crosses under Route 128. The brook then crosses under the railroad three times prior to its journey through downtown Peabody. The brook is culverted under part of the town and reappears just north of the library. Both Goldthwait and Strongwater brooks join Proctor Brook in Peabody before it flows into Salem. This segment ends at the Goodhue Street Bridge (approximate boundary +/-200m of the salt- water wedge). WITHDRAWALS AND DISCHARGES WMA: 1. The Peabody Water Department is registered (#31822903) to withdraw 1.89 MGD. The public water supply identification numbers (3229000-01 and—02) for their wells suggest that both are located in the Ipswich River watershed. The Zone II of these wells (GIS April 1998 DEP Approved Zone II datalayer), however, extends into the headwater drainage area of Proctor Brook. 2. The Salem Country Club is registered (#31822901)to withdraw a total of 0.1 MGD from a tubular Well Field and an irrigation pond. NPDES: 1. MA0023132 Peabody Municipal Light Plant is an old power generating plant(built in 1948)and used rarely according to a letter from the facility dated 1978. The company's 1980 permit authorized a discharge of overflow water from a cooling pond (estimated 0.005 MGD daily average, 0.01 MGD daily maximum), via outfall#001, into Proctor Brook near Warren Street in Peabody. The letter from the company also stated that the cooling pond water was treated with a product purchased from W.H. & L.D. Betz to prevent rust or corrosion in the pipes. The permit limited the discharge to no more than twice per year for no greater period than one day. A narrative statement in the permit limited temperature to"No increase above that of the receiving body of water'. 2. MA0025372 Salem Oil&Grease Company, a manufacturer and importer of tanners oils, is authorized to discharge via outfall#0010.0024 MGD of process equipment cooling water and air conditioner cooling water. Permit was issued December 1975. Chapter 21 E r-3-2131 NFA(no further action) 3. MA0026794 Bayoil Co., Inc, a manufacturer of leather oil was authorized to discharge 0.013 MGD of non-contact cooling water drawn from an artesian well into a municipal (Peabody) storm drain. This discharge most likely goes into Proctor Brook. This permit was issued in 1978 and there was no reapplication in the permit file. Current status of facility is unknown. 4. MA0033723 Federal Express. Chapter 21 E 3-2221 USE ASSESSMENT Aquatic Life DMF did not document any smelt spawning in Proctor Brook despite the presence of adequate physical habitat(adequate freshwater flow with no impediments to passage, and numerous shallow water riffles with gravel substrate) between Goodhue and Howley Streets in Peabody (Chase 1993). DMF stated that the potential spawning habitat in the North River system was clearly degraded due to chronic pollution inputs. Discoloration and oil sheens in the water were commonly observed. Dead American eels (Anguilla rostrata) and sea worms (Nereis)were also observed on several occasions during DMF surveys. Water quality sampling was conducted by DEP DWM at one station in Proctor Brook; NR01 located just downstream of Howley Street in Peabody (Appendix B, Figure B2). These data are presented in Appendix B, Tables B3 and B4 of this assessment report. • Instream dissolved oxygen concentrations were all above 7 mg/L and 71%saturation. The measurements were made mid-day and do not represent worse-case conditions. • Temperatures in this segment of Proctor Brook ranged from 2.1 to 23.3 °C. North Coastal Watershed 1997/1998 Water Quality Assessment Report 71 - 93wgar.doc DWM CN 17.0 • Nutrient levels were elevated—total phosphorus concentrations ranged between 0.03 and 0.14 mg/L and ammonia nitrogen between 0.10 and 0.58 mg/L. Nitrate nitrogen concentrations did not exceed 1.7 mg/L. Instream conductivity measurements were highest in the winter months and probably reflect road-salting practices. During 1997 DMF sampled Proctor Brook(identified as the North River, downstream face of Howley St. culvert) on 18 occasions as part of their Study of the Marine Resources of Salem Sound, 1997(Chase 2000). • Dissolved oxygen concentrations ranged between 6.6 and 13.6 mg/L. Supersaturation occurred on one occasion. None of the samples were collected pre-dawn. Nutrient concentrations were elevated during the winter months of 1997. Ammonia concentrations ranged from 0.011 to 0.712 mg/L. Phosphate concentrations ranged from 0.004 to 0.274mg/L. The instream pH ranged from 6.9 to 7.4 SU. Streamflow of Proctor Brook was measured by both the USGS and DEP in 1997 and 1998 (Socolow et al. 1998 and Appendix B, Table B2). Streamflow was lowest in October(0.44 cfs) and highest in March 1998 (39.5 cfs). During all surveys conducted between July and November 1997 stream discharge was very low. DEP DWM conducted biological monitoring in Proctor Brook in July 1997 at one location (NR01 downstream of Howley Street) in Peabody (Appendix C). This sampling station was in a heavily industrialized section of Peabody and the instream habitat was relatively poor. Nonpoint source pollution from runoff, trash, and the bordering industrial uses (historical and current) impact the aquatic community at NR01. This site was clearly degraded with only one family, the amphipod Gammaridae, identified in the sub-sample. The RBP II analysis indicated severe impairment. The Aquatic Life Use is not assessed in the upper 1.9 miles of this segment due to a lack of data. The Aquatic Life Use is non-support for the lower 1.0 mile reach (downstream from the confluence with Goldthwaite Brook) based on habitat quality limitations, nutrient enrichment, and the severely impaired benthic community. Aesthetics DEP DWM biological monitoring field crews identified multiple sources of nonpoint source pollution (runoff, trash, and the bordering industrial uses). These conditions degraded the Aesthetics Use in the lower 1.0 miles of Proctor Brook. This use is not assessed in the upper 1.9 miles. Recreation Fecal coliform bacteria sampling was conducted by DEP DWM at one station in Proctor Brook. Fecal coliform bacteria levels were high on all survey dates ranging between 640 and 50,000 cfu/100 mL (Appendix B, Table B5). All fecal coliform samples (11) collected as part of DMF's draft Study of the Marine Resources of Salem Sound, 1997 were above 900 fcu/100mL(Chase 2000). Samples collected during dry weather conditions had fecal coliform concentrations>2400 cfu/100mL. Based on these data, both the Primary and Secondary Contact Recreational Uses are assessed as non- support in the lower 1.0 mile reach of this segment. Upstream of the confluence with Goldthwaite Brook, these uses are not assessed. North Coastal Watershed 199711998 Water Quality Assessment Report 72 93wgar.doc DWM CN 17.0 SUMMARY Proctor Brook is impaired for all assessed uses downstream from the confluence with Goldthwait Brook (lower 1.0 miles). The macroinvertebrate community was impaired due to poor habitat, nutrient enrichment and nonpoint source pollution, therefore the Aquatic Life Use is assessed as non-support. The Primary and Secondary Recreational uses are also assessed as non-support due to elevated levels of fecal coliform bacteria. Nonpoint source pollution and degraded habitat render the Aesthetics Use as non-support for the lower 1.0 miles. Designated Uses Status: Proctor Brook(MA93-39) NOT ASSESSED. The upper 1.9 miles of this segment are not assessed due to a lack of Aquatic Life habitat NON-SUPPORT. The lower 1.0 miles do not support the Aquatic Life Use as evidenced by y 1 habitat quality limitations,nutrient enrichment and an hyperdominated aquatic community. Fish �OI Consumption NOTASSESSED. Primary NOT ASSESSED. The upper 1.9 mile length of this segment is not assessed. Contact NON-SUPPORT. The lower 1.0 miles of the segment do not support this use because of elevated levels of fecal coliform bacteria. Secondary NOT ASSESSED. The upper 1.9 mile length of this segment is not assessed. Contact NON-SUPPORT. The lower 1.0 miles do not support due to elevated fecal coliform bacteria. NOT ASSESSED. The upper 1.9 mile length of this segment is not assessed. Aesthettcs NON-SUPPORT. The aesthetic quality in the lower 1.0 miles of the segment is poor due to nonpoint source pollution runoff and degraded habitat from trash,debris and sedimentation. RECOMMENDATIONS (Proctor Brook MA93-39) • Review DMF's draft Study of the Marine Resources of Salem Sound, 1997 recommendations for future monitoring efforts in the Salem Sound subwatershed (Chase 2000). • Specific DMF recommendations related to the smelt spawning habitat monitoring program in the North River system included the following (Chase 1993): 1. Minimize nonpoint source pollution inputs to improve instream and riparian habitat quality as well as aesthetics. Work with the North Coastal Watershed Team to organize a river clean-up to remove large objects and discarded trash. 2. The North River system should be included as part of the long-term goal of anadromous fish restoration in the Danvers River System. Several thousand square meters of potential smelt spawning habitat would be made available if sedimentation and chronic pollution problems were remediated. 3. Quantify river flow, nutrient concentrations and substrate composition in Proctor Brook. Nutrient loading and sedimentation are a concern for the smelt spawning habitat in the North River system. 4. Appraise and upgrade stormwater catch basins with the best technology to trap sediments and pollutants. Pollutant sources without permits should also be investigated and brought into compliance. • Investigate possible sources of elevated bacteria(i.e., illicit sewer connections, CSOs, failing septic systems)and remediate. Investigate possible sources of elevated nutrients (i.e., illicit sewer connections, CSOs, failing septic systems) and remediate. • The status of the NPDES dischargers needs to be verified. Site visits should be conducted to determine if the facilities are still in operation. Flow schematics should also be provided (water source and volume as well as discharge location and volume). Effluent quality characterization information should also be acquired if the NPDES permits will be renewed. Compliance with new permit limits should be enforced. • Sediment quality data from the 1987 and 1988 North Coastal Water Quality Surveys (Duerring 1989) indicated very high concentrations of heavy metals (Cr, Pb, and Zn) and polycyclic aromatic hydrocarbons (PAHs) in the sediments of the North River system. The impacts observed in the late 1980's may well be attributable to toxic contaminants present in the sediments. Although no recent sediment quality or toxicity data have been collected, future monitoring efforts should address this issue in addition to the nutrient enrichment and sedimentation problems in the North River watershed. North Coastal Watershed 1997/1998 Water Quality Assessment Report 73 93wtlar.doc DWM CN 17.0 PROCTOR BROOK (SEGMENT MA93-40) Location: Goodhue Street Bridge, Salem, to Route 114 culvert, Salem. Length/area: 0.01 mit. Classification: Class SB. SEGMENT DESCRIPTION This segment of Proctor Brook, a Class SB waterbody, flows between the Goodhue Street and Route 114 Bridge/culvert in Salem. The brook then discharges into the North River estuary. WITHDRAWALS AND DISCHARGES None known. USE ASSESSMENT Shellfishing The DMF Shellfish Status Report of January 1999 indicates that area N17.0, which includes the Waters River, is prohibited (Churchill 1999). Based on this information the Shellfishing Use for this segment is assessed as non-support. SUMMARY Due to the lack of current water quality data, shellfishing is the only use assessed in this segment. The Shellfishing Use is assessed as non-support for a 0.01 mit area due to a DMF prohibition. Designated Uses Status: Proctor Brook(MA93-40) Aquatic Life a NOT ASSESSED. Fish iOl NOT ASSESSED. Consumption I Primary NOT ASSESSED. Contact Secondary NOT ASSESSED. Contact Shellfishing NONSUPPORT. The entire 0.01 min area does not support this use(prohibited). For watershed-wide shellfish growing area data see Appendix F. Aesthetic NOT ASSESSED. RECOMMENDATIONS (Proctor Brook MA93-40) • Fecal coliform monitoring should be conducted during wet and dry weather conditions to establish if the upstream conditions (elevated bacteria levels) extend into this segment. If levels are elevated, investigate possible sources of elevated bacteria(i.e., illicit sewer connections, CSOs, failing septic systems)and remediate. • Sediment quality data from the 1987 and 1988 North Coastal Water Quality Surveys (Duerring 1989) indicated very high concentrations of heavy metals (Cr, Pb, and Zn)and polycyclic aromatic hydrocarbons (PAHs) in the sediments of the North River system. Future monitoring efforts should address this issue in addition to the nutrient enrichment and sedimentation problems in the North River watershed. North Coastal Watershed 1997/1998 Water Quality Assessment Report 74 93wgar.doc DWM CN 17.0 NORTH RIVER (SEGMENT MA93-42) Location: Downstream of Route 114 Bridge (Proctor Brook), Peabody to confluence with Danvers River, Salem. Length/area: 0.20 mit. Classification: Class SA. SEGMENT DESCRIPTION The North River estuary, a Class SA waterbody, lies between the Route 114 bridge/culvert in Peabody and confluence with the Danvers River. A review of the Chapter 21 E file dated 14 April 1997 lists the following release tracking number sites: 3-0012927, 3-0012710, 3-0013814, 3-0010900, and 3-0011726. WITHDRAWALS AND DISCHARGES None known. USE ASSESSMENT Shellfishing The DMF Shellfish Status Report of January 1999 indicates that their area (N17.0) in the North River is prohibited (Churchill 1999). Based on this information the Shellfishing Use is assessed as non-support. SUMMARY Due to the lack of current water quality data, shellfishing is the only use assessed in this segment. The Shellfishing Use is assessed as non-support for a 0.2 mit area due to a DMF prohibition. Designated Uses Status: North River(MA93-42) Aquatic Life C NOT ASSESSED. Fish �OI Consumption NOT ASSESSED. Primary Contact NOT ASSESSED. Secondary NOT ASSESSED. Contact Shellfishing ,/ _y NONSUPPORT. The entire 0.2 mi'area does not support this use(prohibited). For watershed-wide shellfish growing area data see Append'a F. Aesthetics NOTASSESSED. RECOMMENDATIONS (North River MA93-42) • Fecal coliform monitoring should be conducted during wet and dry weather conditions to establish if the upstream elevated bacteria levels extend into this segment. If levels are elevated, investigate possible sources of elevated bacteria (i.e., illicit sewer connections, CSOs, failing septic systems) and remediate. • SS2000 has established an extensive database of fecal coliform data with sampling collected at over 300 stations in the Salem Sound Subwatershed. These data should be utilized as a screening tool to identify where additional fecal coliform sampling should be conducted. Additionally, where these data indicate extremely high levels of fecal coliform bacteria, a high priority should be placed on source identification and remediation. • Sediment quality data from the 1987 and 1988 North Coastal Water Quality Surveys(Duerring 1989) indicated very high concentrations of heavy metals (Cr, Pb, and Zn)and polycyclic aromatic hydrocarbons (PAHs) in the sediments of the North River system. Future monitoring efforts should address this issue in addition to the nutrient enrichment and sedimentation problems in the North River watershed. • Evaluate the results of the ongoing 21 E clean-up efforts as they relate to the improving of water quality conditions (i.e., reduction of toxic substance loadings). North Coastal Watershed 1997/1998 Water Quality Assessment Report 75 93wgar.doc DWM CN 17.0 BEVERLY HARBOR SEGMENT MA93-20 Location: East of Route 1A between Beverly/Salem to an imaginav line between Woodbury Point in Beverly southwest to Salem Neck in Salem. Length/area: 0.78 mi . Classification: Class SB. SEGMENT DESCRIPTION Beverly Harbor is located east of the Bridge Street bridge (Route 1A) between Beverly/Salem to an imaginary line between Woodbury Point in Beverly southwest to Salem Neck in Salem. A review of the Chapter 21 E file dated 14 April 1997 lists the following release tracking number sites: 3-0003736, 3- 0003909, and 3-0000831. WITHDRAWALS AND DISCHARGES NPDES: 1. MA0100501 South Essex Sewage District has one CSO outfall#003, the Wilson Avenue bypass and overflow weir, which discharges into Beverly harbor. A 1997 letter to DEP and an inspection report identified this discharge as closed on 23 December 1996. Vessel sewage pump-out facilities: 1. Ferryway Public Landing, Beverly. USE ASSESSMENT Aquatic Life As part of DMF's Study of the Marine Resources of Salem Sound, 1997 beach seining was conducted in Beverly Harbor(Tuck's Point) on multiple occasions from January-December(Chase 2000). The Tuck's Point finfish population was dominated byBrevoortia tyrannus(Atlantic menhaden) and Clupea harengus (Atlantic herring). Shellfishing The DMF Shellfish Status Report of January 1999 indicates that their area (N17.0), which includes Beverly Harbor, is prohibited (Churchill 1999). Based on this information the Shellfishing Use for this segment is assessed as non-support. SUMMARY Due to the lack of current water quality data, shellfishing is the only use assessed in this segment The Shelfshing Use is assessed as non-support for a 0.78 mit area due to a DMF prohibition. Designated Uses Status: Beverly Harbor(MA93-20) Aquatic Life NOT ASSESSED. Fish �OI Consumption NOT ASSESSED. I Primary NOT ASSESSED. Contact Secondary NOT ASSESSED. Contad (� ' Shellfishing NON-SUPPORT. The entire 0.78 me area does not support this use(prohibited). For watershed-wide shellfish growing area data see Appendix F. Aesthetics NOT ASSESSED. North Coastal Watershed 1997/1998 Water Quality Assessment Report 78 93wgar.doc DWM CN 17.0 RECOMMENDATIONS (Beverly Harbor MA93-20) • Evaluate the results of the ongoing 21 E clean-up efforts as they relate to the improving of water quality conditions (i.e., reduction of toxic substance loadings). • Evaluate the seine and trawl data in the DMF draft report titled A Study of the Marine Resources of Salem Sound, 1997(Chase 2000)for use in the assessment of the Aquatic Life Use. Request assistance from CZM and DMF to develop standard methods for interpreting marine biological monitoring data as part of the Aquatic Life Use assessment. • SS2000 has established an extensive database of fecal coliform data with sampling collected at over 300 stations in the Salem Sound Subwatershed. These data should be utilized as a screening tool to identify where additional fecal coliform sampling should be conducted. Additionally, where these data indicate extremely high levels of fecal coliform bacteria, a high priority should be placed on source identification and remediation. North Coastal Watershed 1997/1998 Water Quality Assessment Report 79 93wgar.doc DWM CN 17.0 GOLDTHWAIT BROOK (SEGMENT MA93-05) Location: Outlet Cedar Pond, Peabody to confluence with Proctor Brook, Peabody. Length/Area: 3.3 river miles. Classification: Class B, Warm Water Fishery. SEGMENT DESCRIPTION Goldthwait Brook is a Class B, Warm Water Fishery. It flows in a generally easterly direction from the outlet of Cedar Pond, through an industrialized area and into a small impoundment(Craigs Pond). The brook continues to head east, receives flow from an unnamed tributary on the north side and drains into a wetland area. Goldthwait Brook is joined by Tapley Brook from the south side and it flows past the Eastman Gelatine Corporation facility as it continues east towards its confluence with Proctor Brook in the center of Peabody. As it passes through downtown Peabody the brook is contained in concrete channels or runs underground. As of 15 April 1997, a review of the Chapter 21 E sites (hazardous waste sites) indicate multiple locations where minor spillage of petroleum or hazardous waste were reported. WITHDRAWALS AND DISCHARGES WMA: 1. Eastman Gelatine Corporation is registered (#31822902)to withdraw 2.74 MGD from 12 wells and one surface water—Sidney's Pond.The facility is engaged in the manufacturing of photographic gelatin. The facility's water is supplied primarily from a welifield located adjacent to the receiving water although city water is also used at the facility. The water is used in the gelatin process and for barometric condenser cooling and electric generators. They are also permitted (#9P21822902) to withdraw an additional 2.26 MGD from a combination of their registered sources and a new well, for a total withdrawal volume of 5.0 MGD 2. Peabody Water Department is registered 31822903 to withdraw 1.9 MGD of surface-water from Spring Pond (in the Tapley Brook subwatershed). Since Peabody diverts water from the Ipswich River Basin into Spring Pond, the actual volume of water withdrawn from the Tapley Brook subwatershed is undetermined. NPDES: 1. MA0003956 Eastman Gelatine Corporation discharges non-contact cooling water(0.5 MGD average monthly flow)and storm water runoff from outfall 001 and storm water runoff from 18 other outfalls into Goldthwait Brook. The facility is engaged in the manufacturing of photographic gelatin. The wastewater generated from the gelatin process is discharged to the Peabody sewer system which in tum is part of the South Essex Sewage District. 2. MAG640006 Coolidge Avenue Water Treatment Facility is authorized to discharge filter backwash water to Spring Pond and emergency overflows to Tapley Brook. 3. MA0028584 Stahl Finishing, Peabody 21 E hazardous wastesite (3-0413)discharge permit. 4. MA0028215 Permuthane Inc, Peabody. The permit has expired and outfall pipes#007 and#008 are regulated under Stahl USA general permit MA0035467. USE ASSESSMENT Aquatic Life Eastman Gelatine Corporation has conducted instream and effluent(outfall#001)toxicity testing as required by their NPDES permit since April 1995 (Dallaire 1998). Acute toxicity tests, using Ceriodaphnia dubia, have been run on grab samples collected from Goldthwait Brook as well as samples collected from outfall#001. Their samples are collected both upstream and downstream of all of their discharges under both dry and wet weather conditions. The results of these tests are summarized below(Dallaire 1998): Upstream: Upstream of the Eastman discharge, no acute instream toxicity to C. dubia was detected in the 15 sampling events (April 1995 to November 1998) representing both dry and wet weather conditions. Survival of C. dubia exposed to Goldthwait Brook water has ranged between 95 and 100%. Effluent: Outfall#001 has exhibited acute toxicity under both dry and wet conditions (LC50s between 17.8 and 70.7% effluent in the seven definitive acute toxicity tests submitted). Survival in the non-contact cooling water samples (dry weather sampling events) has ranged between 0 and 25%. Survival in the combined non-contact cooling water/stormwater sampling was poor in North Coastal Watershed 199711998 Water Quality Assessment Report 67 93wgar.doc DINM CN 17.0 earlier samples (0%) but much better(95– 100%) in the two most recent test results(1997 and 1998). Downstream: Instream toxicity in Goldthwait Brook, downstream of all of the Eastman Gelatine Corporation discharges, has been detected in some samples and not others. Survival of C. dubia exposed to Goldthwait Brook samples collected under dry weather conditions ranged between 50 and 100%. Two out of seven test results(sampling period February 1996 to November 1998) indicate acute toxicity in Goldthwait Brook. The toxicity test results from the wet weather sampling indicated severe instream toxicity (survival of organisms 0–4%) in the two earliest tests (April and May 1995) but no instream toxicity in the six wet-weather samples tested since then (survival ranges from 90– 100% in samples collected from April 1996 to July 1998). The Eastman Gelatine Corporation was also required to conduct a pH study in Goldthwait Brook to determine the effect of their permitted discharges(non-contact cooling water and stormwater) on the pH of the brook. The results of their monitoring (Harding 1989) are inconclusive and merit further investigation. Water quality sampling was conducted by DEP DWM at one station in Goldthwait Brook, GB01 located downstream of the Eastman Gelatine Corporation discharges near Foster Street in Peabody (Appendix B, Figure B2). Samples were collected in November 1997, January, and March 1998. No samples were collected in October due to the lack of flow in the brook on the day of the survey. The complete data sets are presented in Appendix B, Tables B3 and B4 of this assessment report. • Instream dissolved oxygen levels were below SWQS in November 1997 at 4.2 mg/L and 35% saturation but all met SWQS on both the January and March 1998 survey dates. • Nutrient levels were relatively low—total phosphorus concentrations were 0.02 mg/L and ammonia nitrogen between 0.28 and 0.49 mg/L. Nitrate-nitrogen concentrations did not exceed 1.1 mg/L. Other water quality variables measured were also within the expected concentrations. DEP DWM personnel measured discharge of Goldthwait Brook(Foster Street, Peabody) on 18 November 1997, 21 January and 23 March 1998. Discharge was 0.03 cfs in November, and estimated to be 5.29 cfs in January and 19.1 cfs in March (Appendix B, Table B2). DEP DWM benthic macroinvertebrate reconnaissance in July 1997 determined that the aquatic habitat in Goldthwait Brook just downstream from First Avenue, Peabody, could serve as a reference station (Appendix C). On 29 July 1997, however, the portion upstream from First Avenue resembled a hypereutrophic lake with dense growths of rooted aquatic vegetation, attached filaments and floating mats of algae, and soft bottom sediments. Downstream the streambed was completely dry, presumably because of a blockage under the bridge. These conditions impair the Aquatic Life Use in the upper section of Goldthwait Brook. Nearly the entire length of Goldthwait Brook had very poor macroinvertebrate habitat and was not suitable for application of the RBP methodologies. The Aquatic Life Use is further impaired by the channelization of Goldthwait Brook as it passes through downtown Peabody. The Aquatic Life Use is assessed as partial support for the upstream 2.4 miles of this due to flow modification/habitat quality limitations. This use is not supported for the lower 0.9 miles of this segment based on evidence of instream toxicity as well as the habitat quality limitations. Recreation DEP DWM collected fecal coliform bacteria samples at one station in Goldthwait Brook on two occasions, January and March 1998 (Appendix B, Table 85). These samples did not exceed the SWSQ for a Class B, Warm Water Fishery (200 cfu/100 mL) however, the dataset was too limited to assess the Primary Contact Use. Aesthetics In July of 1997 DEP DWM field crew noted that the water upstream from Foster Street was stagnant and putrid-looking. Additionally, the presence of dense growths of rooted aquatic vegetation, attached North Coastal Watershed 1997/1998 Water Quality Assessment Report 68 93wgar.doc DWM CN 17.0 filaments and floating mats of algae was also noted (Appendix C). The Aesthetics Use is therefore assessed as partial support. SUMMARY Instream toxicity, habitat modification and flow reduction impair(partial support)the Aquatic Life Use for the upper 2.4 miles of Goldthwait Brook. The lower 0.9 miles of this brook are non-supported for the Aquatic Life Use based on evidence of instream toxicity as well as evidence of habitat limitations. The Secondary Contact Recreational and Aesthetics uses are assessed as non-support due dense aquatic vegetation and algal mats/filaments. Designated Uses Status: Goldthwait Brook(MA93-05) PARTIAL SUPPORT. The upstream 2.4 miles of this segment is evaluated as partially Aquatic Life supporting this use due to flow modification/habitat quality limitations. NON-SUPPORT.The lower 0.9 miles of this segment does not support the Aquatic Life Use based on evidence of instream toxicity as well as the habitat quality limitations. Fish �OI NOT ASSESSED. Consumption 11 Primary Contact NOTASSESSED. Secondary PARTIAL SUPPORT. The entire 3.3 mile length of this segment is assessed as partially Contact supporting this use due to the aesthetic quality limitations described below. PARTIAL SUPPORT. The entire 3.3 mile length of this segment is assessed as partially Aesthetic supporting this use because of the presence of dense growths of rooted aquatic vegetation, attached filaments and floating mats of algae. RECOMMENDATIONS (GOLDTHWAIT BROOK MA93-05) • An inflow/outflow analysis is recommended for this segment to determine the source of the apparent low flow/habitat limitations for aquatic life. • SS2000 has established an extensive database of fecal coliform data with sampling collected at over 300 stations in the Salem Sound Subwatershed. These data should be utilized as a screening tool to identify where additional fecal coliform sampling should be conducted. Additionally, where these data indicate extremely high levels of fecal coliform bacteria, a high priority should be placed on source identification and remediation. • Efforts should be made to minimize water withdrawals (see specific recommendations under Eastman Gelatine Corporation) in this subwatershed in an effort to maximize streamflows and to reduce the frequency of"dry streambeds° in Goldthwait Brook. • Perform additional monitoring of instream dissolved oxygen, pre-and-post dawn to characterize diumal oxygen fluctuations and to establish the extent of the low dissolved oxygen. • Evaluate the results of the ongoing 21 E clean-up efforts as they relate to the improving of water quality conditions (i.e., reduction of toxic substance loadings). • Determine if all discharges from Permuthane Inc, Peabody permit(MA0028215) are currently regulated under Stahl USA general permit, MA0035467. • Since Peabody diverts water from the Ipswich River Basin into Spring Pond, the actual volume of water withdrawn from the Tapley Brook subwatershed is undetermined. An accurate flow gauge should be installed to quantify this water withdrawal. North Coastal Watershed 1997/1998 Water Quality Assessment Report 69 93wgar.doc DWMCN 17.0 RECOMMENDATIONS Continued (GOLDTHWAIT BROOK MA93-05) Eastman Gelatine Company WMA: • Eastman Gelatine Corporation submitted a letter to DEP (dated 16 March 1999)which provided information to the DEP to complete the five-year review of their WMA Permit 913318229.02. The letter(Gordon 1999) provided DEP with information regarding water conservation measures, stating that there has been a 29% decrease in water withdrawal rates between 1993 and 1998 (3.14 MGD to 2.2 MGD, respectively). The letter also indicated that their projected usage during the next five years would propel demand to approximately 4 MGD for the following reasons: 1. Co-Generation Project requiring approximately 0.8 MGD, 2. process for the Future Technology requiring approximately 0.5 MGD, 3. increased future production requiring 0.1 MGD, 4. gelatin recovery project requiring approximately 0.011 MGD, and 5. providing the City of Peabody water for a new municipal golf course requiring approximately 0.2 MGD. • Given the occurrence of"dry streambeds" in Goldthwait Brook under their current operating conditions, requests for increased water withdrawals in the Goldthwait Brock subwatershed merits careful consideration, even though these projected water-use estimates would be within the company's 5.0 MGD permitted water withdrawal volume. • Require a detailed accounting of Eastman Gelatine's water use and discharge operations (including a schematic of water supply/wastewater discharge and location). Review this current and projected budget in relation to their increase withdrawal on water quantity in Goldthwait Brook. NPDES: • Require Eastman Gelatine Corporation to eliminate toxicity from outfall#001. • Monitor the effectiveness of Eastman Gelatine Company's remediation efforts in reducing instream toxicity in Goldthwait Brook. North Coastal Watershed 1997/1998 Water Qua*Assessment Report 70 93wgacdoc DWM CN 17.0 DANVERS RIVER (SEGMENT MA93-09) Location: Confluence of Porter, Crane, and Waters rivers, Danvers to mouth of Beverly Harbor. Length/area: 0.50 mit. Classification: Class SB. SEGMENT DESCRIPTION The Danvers River Estuary, a Class SB water, is formed at the confluence of the Porter, Crane and Waters Rivers near Danversport. The river forms the corporate boundary between Danvers and Beverly and Salem near Fosters Point. The Bass River, draining a part of Beverly, and the North River, draining part of Salem, also flow into the Danvers River upstream of its confluence with Beverly Harbor(Route 1A bridge) in Beverly/Salem. The Danvers River Estuary is a relatively shallow estuary with a large intertidal area and a high flushing rate; approximately 70% of the total water volume is exchanged with each tide cycle. A review of the Chapter 21 E file dated 14 April 1997 lists one release tracking number site: 3- 2887. WITHDRAWALS AND DISCHARGES WMA: 1. The Kearnwood Country Club is registered (#31825801) to withdraw 0.1 MGD from a groundwater source. Vessel sewage pump-out facilities: 1. Danvers Yacht Club(River), Danvers. USE ASSESSMENT Aquatic Life As part of DMF's Study of the Marine Resources of Salem Sound, 1997, beach seining (Obear Park) and bottom trawling (upper and lower Danvers River)were conducted in the Danvers River on multiple occasions from January-December(Chase 2000). Water chemistry parameters were collected in the upper and lower Danvers River. • Results of beach seining at Obear Park indicated a finfish population dominated by Menidia menidia (Atlantic silverside) and Fundulus spp. (mummichog). • Pseudopleuronectes americanus(winter flounder) and Raja spp. (skate) dominated the upper and lower Danvers River trawls. • In the upper Danvers River, dissolved oxygen concentrations were very similar in the surface and bottom waters. DO ranged between 6.0 and 13.7 mg/L with supersaturation occurring 50% of the time (no samples collected pre-dawn). Temperature readings all met the SWQS for a Class SB, estuary. The instream pH ranged from 7.6 to 8.3 in both the surface and bottom waters. • In the lower Danvers River, DO concentrations were very similar in the surface and bottom waters (range 7.0- 11.9 mg/L)with supersaturation occurring approximately 40%of the time(no samples collected pre-dawn). Temperature readings all met the SWQS. The instream pH ranged from 7.7 to 8.1 in both the surface and bottom waters. Based on these data (high DO) the Aquatic Life Use is assessed as support in the Danvers River. Shellfishing The DMF Shellfish Status Report of January 1999 indicates that their area (N17.0), which includes the Waters River, is prohibited (Churchill 1999). Based on this information the Shellfishing Use for this segment is assessed as non-support. North Coastal Watershed 1997/1998 Water Quality Assessment Report 76 93wgar.doc DWM CN 17.0 SUMMARY DMF's Study of the Marine Resources of Salem Sound, 1997(Chase 2000) identified no violations of the SWQS and therefore the Aquatic Life Use is supported in this segment. Shelifishing is assessed as non- support based the DMF shellfishing prohibition. Designated Uses Status: Danvers River(MA93-09) Aquatic LifeIN SUPPORT. This use is supported for the entire 0.50 squares miles of the Danvers River. sh Consumption ption iOI NOT ASSESSED. Primary NOT ASSESSED. Contad Secondary NOTASSESSED. Contact (� NON-SUPPORT. The entire 0.50 mi4 area does not support this use due to a DMF Shellfishing shellfishing prohibition. For watershed-wide shellfish growing area data see Appendix F. Aesthetics NOT ASSESSED. RECOMMENDATIONS (Danvers River MA93-09) • DMF (Chase 1993) recommended the removal of all active CSOs discharging in the Danvers River. Additionally DMF recommended all new construction of stormwater drains that connect to the Danvers River system be regulated to prevent sediment entry to the waterways. • Evaluate the results of the ongoing 21 E clean-up efforts as they relate to the improving of water quality conditions(i.e., reduction of toxic substance loadings). • Evaluate the seine and trawl data in the DMF report titled A Study of the Marine Resources of Salem Sound, 1997(Chase 2000) for use in the assessment of the Aquatic Life Use. Request assistance from CZM and DMF to develop standard methods for interpreting marine biological monitoring data as part of the Aquatic Life Use assessment. • Conduct nutrient monitoring to identify if the DO supersaturation and elevated pH readings are related to point or nonpoint source pollution. If nutrients are elevated, establish an inventory of wastewater practices to track possible sources. • SS2000 has established an extensive database of fecal coliform data with sampling collected at over 300 stations in the Salem Sound Subwatershed. These data should be utilized as a screening tool to identify where additional fecal coliform sampling should be conducted. Additionally, where these data indicate extremely high levels of fecal coliform bacteria, a high priority should be placed on source identification and remediation. North Coastal Watershed 1997/1998 Water Quality Assessment Report 77 93wgardoc DWM CN 17.0 M.G.L - Chapter 91, Section 11. Page 1 of 1 GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT. TITLE XIV. PUBLIC WAYS AND WORKS. CHAPTER 91. WATERWAYS. Chapter 91:Section 11.Improvement and preservation of rivers,streams,harbors,etc.. Section 11.The department shall undertake such construction and work for the improvement,development,maintenance and protection of tidal and non-tidal rivers and streams,great ponds,harbors,tide waters,foreshores and shores along a public beach as it deems reasonable and proper,and for this purpose shall have the same powers conferred upon it by section thirty- one.The department,in pursuance of the work authorized,may construct,reconstruct,alter and repair bridges,culverts, conduits,pipes,walls and dams,and may do such other incidental work as may be deemed necessary for the improvement and safety of waterways.In selecting the places to do such work,the department shall consider the general public advantage of the proposed work,the local interest therein as manifested by municipal or other contributions therefor,the importance of the industrial or commercial and other interests to be especially served thereby, and any other material considerations affecting the feasibility,necessity or advantage of the proposed work or the expenditure therefor.No work authorized by this section shall be begun until after a public hearing has been held and a survey and an estimate of the cost has been made. The department is hereby authorized to enter into agreements with the Soil Conservation Service of the United States Department of Agriculture for the performance of work necessary on resource conservation and development projects approved for the commonwealth.Said agreements shall be limited to those for which the Soil Conservation Service is authorized to share in the installation cost, including flood prevention measures,agricultural water management,erosion and sediment control measures,fish and wildlife measures and recreation development. In any project undertaken under the authority of this section,the department is authorized to pay the commonwealth's share of funds to the federal government if the Soil Conservation Service is the contracting agency for the project. Return to: "Next Section"Previous Section"Chapter Table of Contents"Legislative Home Page i MA DEP Massachusetts Rivers Protection Act Page 1 of 15 THE COMMONWEALTH OF MASSACHUSETTS In the Year One Thousand Nine Hundred and Ninety Six AN ACT PROVIDING PROTECTION FOR THE RIVERS OF THE COMMONWEALTH. Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately protect the commonwealth's rivers, streams and adjacent lands, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. The purposes of this act are to protect the - private or public water supply; to protect the ground water; to vi pr o de flood control; to prevent storm damage; to prevent pollution; to protect land containing shellfish; to protect wildlife habitat; and to protect the fisheries. i It shall be the policy of the commonwealth to protect the natural integrity of its rivers; provided, however, that, the commonwealth shall, subject to appropriation, encourage and support the establishment of a system of open space lands along the rivers as defined herein consistent with the purposes of this act. This act shall be interpreted and administered consistent with its purposes as stated in this section. http://www.state.ma.us/dep/brp/ww/files/riveract.htm 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 2 of 15 Nothing in the act shall be construed to compromise or in any way diminish the projections and exemptions provided for in section forty of chapter one hundred and thirty-one of the General Laws and regulations promulgated thereunder; and provided further, that such projections and exemptions shall extend to the riverfront area as defined in this act. SECTION 2. EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. Department of Fisheries, Wildlife and Environmental Law Enforcement 2300-8970 For the acquisition of lands fronting on rivers and streams pursuant to section eight of this act. .$30, 000, 000 SECTION 3. Notwithstanding the provisions of any general or special law or any rule or regulation to the contrary, activities associated with the renovation of cranberry bogs on property currently in agricultural use, which have been abandoned since nineteen hundred and fifty-nine shall be allowed as provided below not to exceed five acres in three years on land in common ownership; provided, however, that renovation of such bogs shall not adversely impact the habitat of endangered or threatened species as defined by the Natural Heritage and Endangered Species Program, be located within a defined Zone II aquifer, be located within an area of critical environmental concern, or contain a navigable stream as defined by chapter ninety-one. All activities shall be conducted in accordance with USDA Natural Resources Conservation Service standards and Best Management Practices for http://www.state.ma.us/dcpibrp/ww/files/riveract.htm 5/22/01 7 NSA DEP Massachusetts Rivers Protection Act Page 3 of 15 Massachusetts Cranberry Experiment Station and approved by the USDA Natural Resources Conservation Service, where applicable. The cranberry farm shall have in place a USDA Natural Resources Conservation Service approved Conservation Farm Plan prior to the commencement of renovation of said abandoned bogs. The department of environmental protection shall implement by regulation, no later than December first, nineteen hundred and ninety-six, the provisions of this section providing for a permit process for the review and necessary conditioning for the renovation of eligible abandoned cranberry bogs as defined herein and for appropriate fees and performance standards relative thereto; said regulations shall provide that review for such permits shall consider the provisions in this section and the impacts of the renovation; the department is authorized to issue as apart of any reviews pursuant to this section, such conditions as are necessary to protect the interests identified in this act. The department of environmental protection is directed to undertake a review and prepare an inventory of abandoned cranberry bogs in the commonwealth which have been abandoned since nineteen hundred and fifty-nine and report to the joint committee on natural resources and agriculture such information by December first, nineteen hundred and ninety-six, including in such report appropriate recommendations on the feasibility and impacts to the environment of authorizing for renovation said abandoned cranberry bogs as it has inventoried pursuant to this paragraph. Nothing in this section shall supersede the powers of any city or town to regulate the renovation of abandoned bogs. http://www.state.ma.us/dep/brp/ww/files/riveract.htm 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 4 of 15 SECTION 4 . The commissioner of the department of environmental protection shall, within one year of the effective date of this act, adopt such regulations as are deemed necessary to carry out the purposes of this act. Such regulations shall include, but not be limited to, provisions setting forth (1) procedures required to implement this act, and (2) reasonable fees to be charged by local bodies in administering the terms of this act. All final rules and regulation promulgated hereunder shall be filed with the joint committee on natural resources and agriculture sixty days prior to their effective date and all emergency rules and regulations promulgated hereunder shall be filed with said committee fourteen days prior to their effective date. SECTION 5. Nothing in this act shall be construed to supersede the provisions of section sixty-one and sixty-two of chapter thirty, chapter ninety-one, and chapter one hundred thirty- ine A of the General Laws and chapter thirty-six of the acts of nineteen hundred and ninety-two or any regulations promulgated thereunder. Nothing in this act shall apply to the portions of any river or adjacent land that are covered by a protective order pursuant to section seventeen B of chapter twenty-one. SECTION 6. The provisions of this act shall not apply to any excavation, structure, road, clearing, driveway, landscaping, utility lines, rail lines, airports and marine cargo terminals owned by a political subdivision of the commonwealth and any bridge over two miles long, septic system, or parking lot within the http://www.state.ma.us/dep/brp/ww/files/riveract.htm 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 5 of 15 riverfront area in existence on the date of enactment of this act nor shall the provisions of this act apply to the expansion of any structure, airports and marine cargo terminals owned by a political subdivision which expansion has commenced on or before November first, nineteen hundred and ninety-six, or for which any of the following conditions have been met: (i) a draft environmental impact report has been prepared and submitted pursuant to section sixty-two B of chapter thirty of the General Laws on or before November first, nineteen hundred and ninety-six, (ii) a building permit conforming to local requirement has been filed for on or before October first, nineteen hundred and ninety-six and said permit is granted on or before April first, nineteen hundred and ninety-seven or (iii) a definitive plan has been approved or endorsed under section eighty-one U of chapter forty-one of the General Laws on or before August first, nineteen hundred and ninety-six. At the written request of the applicant and for just cause, the department of environmental protection may grant an extension from the time limit under clause (i) and upon written request of an applicant and for just cause, a local conservation commission may grant one extension of no more than sixty days from the time limit under clause (ii) . SECTION 7. The executive office of environmental affairs and the department of housing and community development shall study jointly the feasibility of establishing transferable development rights. Said study shall include, but not be limited to, the use of riverfront and other transferable rights to increase the intensity of use, density of clustering of units, amount of floor area, or percent of lot coverage, above that which would otherwise be permissible on land not within the riverfront area. Said study http://www.state.ma.us/dep/brp/ww/files/riveract.htm 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 6 of 15 shall examine how such rights may be based on the impact of any restrictions on land use development which are the result of the application of this act. The executive office of environmental affairs and the department of housing and community development shall submit the report to the joint committee on natural resources and agriculture no later than one year following the adoption of regulations under this act. SECTION 8. The commissioner of the department of fisheries, wildlife and environmental law enforcement is hereby authorized to expend a sum not to exceed thirty million dollars for the acquisition of lands fronting on rivers and streams, including cold water streams; provided, that said commissioner shall give priority to linking segmented portions of land along rivers; provided, however, that not more than one million dollars shall be expended for the purchase, but not construction or maintenance costs, of fencing, posts or other materials for the purpose of mitigating non-point pollution in rivers as defined herein within existing farmland; provided further, that the department of environmental protection shall recommend locations for such mitigation measures to mitigate such non-point pollution to the department of food and agriculture which administers said funds, and provided further that any land acquired pursuant to this section shall be open to the public for hunting, fishing, and trapping unless otherwise specified to the contrary by the executive office of environmental affairs pursuant to section sixty of chapter fifteen of the acts of nineteen hundred and ninety-six. The amount hereby authorized is to be in addition to any funds previously authorized for this purpose, including, but not limited to, monies authorized pursuant to section twenty-nine of chapter five hundred and sixty-four of http://www.state.ma.us/dep/brp/ww/files/riveract.httn 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 7 of 15 the acts of nineteen hundred and eighty-seven and chapter fifteen of the acts of nineteen hundred ninety-six. SECTION 9. To meet the expenditures necessary in carrying out the provisions of section two of this act, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of thirty million dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, River Lands Acquisition Loan, Act of 1996, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and twenty-one. All interest and payments on account of principal and such obligation shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth. SECTION 10. The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purposes of meeting payments as authorized by section two of this act, and may issue and renew from time to time notes of the .commonwealth thereof, bearing interest payable at such time and at such rate as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend http://www.state.ma.us/dep/brp/ww/files/riveract.htm 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 8 of 15 to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand and one. Notes and the interest thereon issued under the authority of this act, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth. SECTION 11. There is hereby established a riverfront advisory committee for the purpose of participating in the review of the rules and regulations promulgated pursuant to the provisions of section four of this act. Said advisory committee shall consist of eight members appointed by the commissioner of the department of environmental protection, four of whom shall represent environmental organizations, one of which shall represent the real estate community, one of which shall be a developer, one of which shall be represent the agriculture community, and one of which shall represent the aquaculture community. At least two of the members, one from an environmental organization and one other appointee from other than an environmental organization, shall own or have an interest in land located in a riverfront area as defined by this act. Meetings of the advisory committee shall be at the discretion of said commissioner; provided, however, that the committee shall meet at least four times in the first twelve months after the effective date of this act, and at least once annually thereafter. Said commissioner may dissolve the advisory committee following the adoption of regulations for chapter one hundred and thirty-one B of the General Laws or at any time thereafter. SECTION 12. The executive office of environmental affairs is http://www.state.ma.us/dep/brp/ww/files/riveract.htm 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 9 of 15 hereby authorized and directed to develop a twenty-five year plan to protect the natural integrity of the rivers of the commonwealth, and to acquire open space lands fronting rivers and streams; provided, further, that said plan shall be submitted to the joint committee on natural resources and agriculture and the house and senate committees on ways and means no later than January thirty- first nineteen hundred and ninety-seven. SECTION 13. An amount no less than one hundred thousand dollars per year for a period up to five years shall be expended from funds controlled by the trust fund, established by section seven of chapter two hundred and thirty-six of the acts of nineteen hundred and eighty-eight for the use by the department of environmental protection for technical assistance and training for conservation commission for the purposes of this act; provided, further, that the department of environmental protection shall receive support in the development and provisions of such technical assistance and training from the Massachusetts Soil and Water Conservation Districts, Coastal Zone Management, the Department of Fisheries, Wildlife and Environmental Law Enforcement, the Department of Food and Agriculture, and the Department of Environmental Management. SECTION 14 . Notwithstanding any general or special law or rule or regulation to the contrary, any construction, expansion, repair, restoration, alteration, replacement, operation and maintenance of public or private local or regional wastewater treatment plants and their related structures, conveyance systems, and facilities, including utility lines shall be exempt from the provisions of this act. http://www.state.ma.us/dep/brp/ww/files/riveract.htm 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 10 of 15 SECTION 15. Section 8C of chapter 40 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting before the penultimate sentence the following sentence: - Prior to the adoption of any rule or regulation which seeks to further regulate matters established by section forty of chapter one hundred and thirty-one or regulations authorized thereunder relative to agricultural or aquacultural practice, the commission shall, no later than seven days prior to the commission's public hearing on the adoption of said rules and regulations, give notice of the said proposed rules and regulations to the farmland advisory board established pursuant to section forty of chapter one hundred and thirty-one. SECTION 16. Section 5 of chapter 40A of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:- Prior to the adoption of any zoning ordinance or by-law or amendment thereto which seeks to further regulate matters established by section forty of chapter one hundred and thirty-one or regulations authorized thereunder relative to agricultural and aquacultural practices, the city or town clerk shall, no later than seven days prior to the city council's or town meeting's public hearing relative to the adoption of said new or amended zoning ordinances or by-laws, give notice of the said proposed zoning ordinances or by-laws to the farmland advisory board established pursuant to section forty of chapter one hundred and thirty-one. SECTION 17. Section 40 of chapter 131 of the General Laws, as http://www.state.ma.us/dep/brp/ww/files/riveract.htm 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 11 of 15 so appearing, is hereby amended by inserting after the "bank", in line 1, the following words: - , riverfront area. SECTION 18 . Said section 40 of said chapter 131, as so appearing, is hereby further amended by inserting after the eleventh paragraph the following five paragraphs:- The term "Densely developed areas", as used in this section shall mean, any area of ten acres or more that is being utilized, or includes existing vacant structures or vacant lots formerly utilized as of January first, nineteen hundred and forty-four or sooner for, intensive industrial, commercial, institutional, or residential activities or combinations of such activities, including, but not limited to the following: manufacturing, fabricating, wholesaling, warehousing, or other commercial or industrial activities; retail trade and service activities; medical and educational institutions; residential dwelling structures at a density of three or more per two acres; and mixed or combined �i, patterns of the above. Designation of a densely developed area is subject to the secretary of the executive office of environmental affair's approval of a city or town's request for such designation. Land which is zoned for intensive use but is not being utilized for such use as of January first, nineteen hundred and ninety-seven or which has been subdivided no later than May first, nineteen hundred and ninety-six shall not be considered a densely developed area for the purposes of this chapter. The term "Mean annual high-water line", as used in this section, shall mean with respect to a river, the line that is apparent from visible markings or changes in the character of soils http://www.state.ma.us/dep/brp/ww/files/riveract.htm 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 12 of 15 or vegetation due to the prolonged presence of water and which distinguishes between predominantly aquatic and predominantly terrestrial land. The mean high tide line shall serve as the mean annual high water line for tidal rivers. The term "River", as used in this section, shall mean a natural flowing body of water that empties to any ocean, lake, or other river and which flows throughout the year. The term "Riverfront area", as used in this section, shall mean that area of land situated between a river's mean annual high- water line and a parallel line located two hundred feet away, measured outward horizontally from the river's mean annual high- water line. This definition shall not create a buffer zone, so- called, beyond such riverfront area. Riverfront areas within municipalities with (i) a population of ninety thousand or more persons or (ii) a population density greater than nine thousand persons per square mile, as determined by the nineteen hundred and ninety federal census; (iii) that are within densely developed areas as defined herein; (iv) land in Waltham between the Charles river on the north, and the Crescent street and Pine street on the south, and the intersection of the Charles river and a line extended from the center line of Walnut street on the west, and the railroad right-of-way now or formerly of the Boston and Maine Railroad on the east; or (v) property located in the town of Milton shown on Milton assessors Map G, Block 56, Lot 13, located on 2 Granite Avenue shall be defined as that area of land situated between a river's mean annual high-water line and a parallel line located twenty-five feet away, measured outward horizontally, from the river's mean annual high-water line. The riverfront area shall http://www.state.ma.us/dep/brp/ww/files/riveract.htm 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 13 of 15 not include land now or formerly associated with historic mill complexes including, but not limited to, the mill complexes in the Cities of Holyoke, Taunton, Fitchburg, Haverhill, Methuen and Medford in existence prior to nineteen hundred and forty-six and situated landward of the waterside facade of a retaining wall, building, sluiceway, or other structure existing on the effective date of this act. The riverfront area shall not apply to any mosquito control work done under the provisions of clause (36) of section five of chapter forty, of Chapter two hundred and fifty-two or of any special act or to forest harvesting conducted in accordance with a cutting plan approved by the department of environmental management, under the provisions of sections forty to forty-six, inclusive, of chapter one hundred and thirty-two; and shall not include any area beyond one hundred feet of river's mean annual high water mark; in which maintenance of drainage and flooding systems of cranberry bogs occurs; in which agricultural land use or aquacultural use occur; to construction, expansion, repair, maintenance or other work on piers, docks, wharves, boat houses, coastal engineering structures, landings, and all other structures and activities subject to licensing or permitting under chapter ninety-one and its regulations; provided that such structures and activities shall remain subject to statutory and regulatory requirements under chapter ninety-one and section forty of chapter one hundred and thirty-one or is the site of any project authorized by special act prior to January first, nineteen hundred and seventy-three. The term "Riverfront area boundary line", as used in this section, shall mean the line located at the outside edge of the riverfront area. http://www.state.ma.us/dep/brp/ww/files/riveract.htm 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 14 of 15 SECTION 19. Said section 40 of said chapter 131, as so appearing, is hereby further amended by inserting after the word "fisheries", in lines 163 and 191, in each instance, the following words:- or to the protection of the riverfront area consistent with the following purposes: to protect the private or public water supply; to protect the ground water; to provide flood control; to prevent storm damage; to prevent pollution; to protect land containing shellfish; to protect wildlife habitat; and to protect the fisheries. SECTION 20. The fourteenth paragraph of said section 40 of said chapter 131, as so appearing, is hereby amended by inserting after the sixth sentence the following four sentences:- In the case of riverfront areas, no order issued by a conservation commission, board of selectmen, mayor, or the department shall permit any work unless the applicant, in addition to meeting the otherwise applicable requirements of this section, has proved by a preponderance of the evidence that (1) such work, including proposed mitigation measures, will have no significant adverse impact on the riverfront area for the following purposes: to protect the private or public water supply; to protect the ground water; to provide flood control; to prevent storm damage; to prevent pollution; to protect land containing shellfish; to protect wildlife habitat; and to protect the fisheries, and (2) there is no practicable and substantially equivalent economic alternative to the proposed project with less adverse effects on such purposes. An alternative is practicable and substantially economically equivalent if it is available and capable of being done after taking into consideration: costs, and whether such costs are http://www.state.ma.us/dep/brp/ww/files/riveract.htm 5/22/01 MA DEP Massachusetts Rivers Protection Act Page 15 of 15 reasonable or prohibitive to the owner; existing technology; the proposed use; and logistics in light of overall project purposes. For activities associated with access for one dwelling unit, the area under consideration for practicable alternatives will be limited to the lot; provided, that said lot shall be on file with the registry of deeds as of the August first, nineteen hundred and ninety-six. For other activities including, but not limited to, the creation of a real estate subdivision, the area under consideration shall be the subdivided lots, any parcel out of which the lots were created, and any other parcels that are adjacent to such parcel or adjacent through other parcels formerly or presently owned by the same owner at any time on or after August first, nineteen hundred and ninety-six or any land which can reasonably be obtained; provided, that an ownership interest can reasonably be obtained after taking into consideration: cost, and whether such cost is reasonable or prohibitive to the owner; existing technology; the proposed use; and logistics in light of overall project purposes. [Contact: Alex.Gagnon(q),state.ma.us] [Wetlands & Waterways Home] [Wetlands & Waterways Publications] [Bureau of Resource Protection Home] [DEP Home] Updated December 14, 1998 http://www.state.ma.us/depfbrp/ww/files/riveract.htm 5/22/01 r To: The Massachusetts Department of Environmental Protection Date: February 25, 2002 re: Objection to the Negative Determination of Applicability under the Wetlands Protection Act issued on February 19, 2002 by the Conservation Commission for the City of Salem and request for a Superceding Determination of Applicability by the DEP relative to the Property known as 12 Goodhue Street, Salem. This Determination, a copy of which is attached for your information and review, relates to work proposed to be performed relating to the remediation and cleanup of contaminated soil and removal of an abandoned concrete UST tank at the address recited above. The Commissions' decision concerning this contaminated former industrial site was based on that bodies' determination that although the work proposed pursuant to the Petitioner's Application would occur within an area subject to protection under the Act, such activity did not require the filing of a Notice of Intent because the proposed work"would not remove, fill, dredge or alter"that area. That determination, however, was issued subject to 52 Special Conditions that were attached to the Commissions' decision, many of which refer to this Negative Determination of Applicability as being, in fact, an Order of Conditions,which itself is an attempt by the Commission to regulate and control the "work" (i.e., the soil excavation, removal, filling and grading) contemplated by the Petition! Thus,this decision would appear on its' face to contravene the intent and requirements of DEP Policy #: BRP/DWM/WWP 99-1, which follows for your information and delineates the criteria for buffer zone activities presumably eligible for a Negative Determination of Applicability as follows: 1)Alteration within the buffer zone is less than 5,000 square feet or 10%of the buffer zone on the lot,whichever is less; 2)At a minimum, a 50-foot wide area of undisturbed vegetation in the buffer zone along the resource area is provided; 3) Stormwater is managed according to standards established by the Department; 4) The buffer zone where the project is proposed does not border an Outstanding Resource Water (i.e., certified vernal pool, public water supply, or some ACECs); 5) The buffer zone does not contain estimated wildlife habitat which is indicated on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife; and 6) Erosion and sedimentation controls are provided at the limit of work to protect resource areas. As to criteria 1, above, there is no specific recitation in the Commissions' decision as to the scope and extent of the Petitioner's proposed work. However,this location has been assigned three (3) Bureau of Waste Site Cleanup reportable release tracking numbers relating to the presence of oil and an unreported contaminant discovered on site since 1994 (a copy of this 'r BWSC information also follows for your review). At the Commissions' hearing relating to the contested Determination, Petitioner's Environmental Consultant represented that there is a presence of oil, in greater or lesser degrees, all over the site which would require, in some instances, a 7 to 10 foot excavation prior to the removal of such contaminated soil. The Commissions' decision incorporating the 52 Special Conditions would appear to confirm the extensive nature of the site work proposed by the Petitioner. Instead of issuing the Negative Determination of Applicability,the Commission should have determined that the presumption did not apply and,therefore, should have issued a Positive Determination and a Letter of Intent regulating the proposed work. Again, an understanding of the 52 Special Conditions incorporated into the Negative Determination would appear to be more indicative of a Positive Determination of Applicability by the Commission! As to Criteria 2, an examination of Petitioner's proposed site plan submitted to the City of Salem Board of Appeal "for permitting only not for construction",which follows for your review, indicates a 50' landscaped rear yard setback from the North River Canal, but this fails to provide for the required 50 foot wide area of"undisturbed vegetation" in the buffer zone along the resource area as required under the Act. I would also ask that DEP investigate whether a complete application of the requirements of the Massachusetts Rivers Protection Act were assessed against this Plan by the Commission. Again,the presumption made by the Commission should fail. Criteria 3 requires stormwater to be managed according to DEP standards, and the conditions attached to the Negative Determination would appear to accomplish this. However, Condition No. 52 requires an LSP ...and an engineer to be on site "to monitor the seawall during excavation of the contaminated soil." This condition could be read to imply that the wall of the North River Canal that abuts the subject property may be somehow affected or rendered unstable by the activities associated with the site excavation, soil removal, filling and grading proposed by the Petitioner, which could trigger DEP's MGL Chapter 91, Section 11 obligations and responsibilities. There is also a possibility that, unless excavation, removal and fill activities are continuous and uninterrupted, some degree of contaminant present in the soils at this location could further leach out through the North River Canal Wall and into the Proctor Brook,North River and Beverly Harbor Systems as the same have been identified in DEP's North Coastal Watershed 1997/1998 Water Quality Assessment Report, increasing existing environmental concerns present in these fragile eco systems, which could prove to be a violation of MGL Chapter 91, Section 59. Also, although Special Condition No. 5 is a catch all provision requiring the petitioner to procure "all other applicable federal, state and local permits and approvals associated with the Project", the Negative Determination from the Commission fails to recite whether or not the Petitioner has specifically complied with the applicable requirements of MGL Chapter 21E, et seq. (including, but not limited to, Section 9 of the Act). I have also enclosed a Microsoft TerraServer Aerial Photograph showing the subject property and its' proximity to the ecologically sensitive North River Canal, which also is materially important in managing flood control and storm water issues affecting this geographic area. As for Criteria 4, as noted above, the work proposed to be performed on the subject property directly abuts the North River Canal which is, in fact, the end flow of the Proctor Brook, WQA Report Segments MA93-39 and MA93-40, which in turn empties into the North River at WQA Report Segment MA93-42, and which, at last, flows into Beverly Harbor(Report Segment MA93-20). This flow network should be considered one of the very important and significant systemic resource areas of the entire North Shore. As to Criteria 5 and 6, this Request would ask that you consult the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife for any such determination, and would argue that the Commission, once again, attempted to regulate erosion and sedimentation controls according to the myriad of Special Conditions attached to the Negative Determination of Applicability, and that run off conditions affecting the North River Canal may evolve on site similar to those recited above relative to contaminant leaching through the existing canal wall. I should also point out that the Petitioner in the above matter, Public Storage, Inc.,recited on its' application to the Salem Conservation Commission that it was also the owner of the subject property. However, as of February 25, 2002, no deed corroborating this claim had been recorded with the Essex South Registry of Deeds in Salem, Massachusetts. Clayman Realty Limited Partnership remains the true and correct record owner of the subject property. Also, there is no indication in the Commission's Negative Determination that the Petitioner has or will comply with existing regulations requiring the City of Salem's Fire Chief to oversee the removal of the UST referred to in the instant application. In conclusion, due to the belief that the work proposed to be undertaken by the Petitioner will alter an existing resource area, in that such activity will involve excavation and removal of oil contaminated soils and the filling and grading of affected areas, Ayer Realty, LLC, does hereby respectUly request that the Massachusetts Department of Environmental Protection issue a Superceding Determination of Applicability under the Wetlands Protection Act by determining the following according to MGL Chapter 131, Section 40: A)whether the area on which the proposed work is to be done is significant to public or private water supply, to the groundwater supply,to flood control,to stone damage prevention, to prevention of pollution,to protection of land containing shellfish,to the protection of wildlife habitat or to the protection of fisheries or to the protection of the riverfront area consistent with the following purposes: to protect the private or public water supply; to protect the ground water; to provide flood control; to prevent storm damage; to prevent pollution; to protect land containing shellfish; to protect wildlife habitat; and to protect fisheries; and, in addition B) whether the Petitioner has proved by a preponderance of the evidence submitted to the City of Salem's Conservation Commission that(1) such work, including proposed mitigation measures, will have no significant adverse impact on the riverfront area as the same is defined in the above recited statute (i.e., that portion of the subject property proximate to the North River Canal) for the following purposes: to protect the private or public water supply; to protect the ground water; to provide flood control; to prevent storm damage; to prevent pollution; to protect land containing shellfish;to protect wildlife habitat; and to protect the fisheries, and (2)there is no practicable and substantially equivalent economic alternative to the proposed project with less adverse effects on such purposes. Thank-you for your time and attention in considering this request. Ayer Realty,LLC By: Stephen G. Finis General Counsel Countersigned by: obert W. Ayer, Me COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 ARCED PAUL CELLUCCI BOB DURAND Governor Secretary JANE SWIFT EDWARD P.KUNCE Lieutenant Governor Acting Commissioner WETLANDS PROGRAM POLICY: ACTIVITIES IN THE BUFFER ZONE UNDER THE WETLANDS PROTECTION ACT REGULATIONS (310 CMR 10.00) Effective Date: March 6, 1999 Policy#: BRP/DWM/WWP 99-1 Progam am Applicability: DEP Wetlands Program and municipal conservation commissions Snersedes Policy#: None Approved by: Arleen O'Donnell, Assistant Commissioner Bureau of Resource Protection --- - - - -- -- - - - - - - - -- - -- - -- - - - - - - - - - - - - - - - -- - - - - - - --- -- - - -- -- -- - -- - - PURPOSE: Based on its experience with activities in the "buffer zone" of wetland resource areas, the Department is issuing this Policy to create a rebuttable "presumption"that projects occurring exclusively within the buffer zone that meet criteria specified in the policy should be allowed to proceed under a Negative Determination of Applicability. APPLICABILITY: Applies to DEP Wetlands Program Staff and supervisory personnel and to municipal conservation commissions acting as an"issuing authority"pursuant to the Wetlands Protection Act (M.G.L. c. 131 s. 40) and its Regulations (3 10 CMR 10.00). WWpp99-1 This Information 0 available in alternate format by calling our ADA Coordinator u(617)574-6872. DEP on the World Wide Web: http:/1w .magnetstate.ma.us/dep 0 Printed on Recycled Paper Buffer Zone: Activities in the Buffer Zone (Policy 99-1) Issued: March 6, 1999 Introduction In 1983, the Department determined that since activities in the 100-foot buffer zone are sufficiently likely to alter a resource area, preconstruction review may be necessary. Therefore, a Request for Determination of Applicability or Notice of Intent must be filed for all activities within the buffer zone. Since the 1983 regulatory revisions, the Department has gained considerable experience with the effect of activities in the buffer zone of resource areas. The Department therefore is establishing criteria for activities that are proposed to occur exclusively within the buffer zone and a presumption that projects meeting the criteria may proceed under a Negative Determination of Applicability. In its revisions to implement the Rivers Protection Act, the Department identified carefiilly circumscribed categories of minor activities within the riverfront area or within the buffer zone to another resource area and exempted them from review. For projects that are not exempt, the Department has determined that the location and scope of the activity within the buffer zone is the most important factor in protecting against adverse impacts. Establishing performance standards for work that is proposed exclusively within the buffer zone will increase wetlands protection by steering development away from the edge of resource areas. By encouraging project proponents to meet these criteria,the review of relatively small projects limited to work within the buffer zone should proceed more smoothly for applicants, conservation commissions, and the Department. The Department hopes that streamlining the review of smaller projects will allow more time for the review of projects with the potential for greater impacts. The application of uniform criteria for similar projects will ease the administrative burden on commissions and the Department, allowing more efficient use of resources while promoting wetlands protection. While commissions may regulate activities in the buffer zone differently under local bylaws, the Department encourages the use of these criteria and this process for all qualifying projects under the state regulations. Criteria for Activities in the Buffer Zone The issuing authority shall presume that activities that are proposed to occur exclusively within the buffer zone are eligible for a Negative Determination of Applicability if 1. Alteration within the buffer zone is less than 5,000 square feet or 10% of the buffer zone on the lot, whichever is less; 2. At a minimum, a 50-foot wide area of undisturbed vegetation in the buffer zone along the resource area is provided; 3. Stormwater is managed according to standards established by the Department; 4. The buffer zone where the project is proposed does not border an Outstanding Resource Water(i.e., certified vernal pool, public water supply, or some ACECs); 5. The buffer zone does not contain estimated wildlife habitat which is indicated on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife; and M hY 6. Erosion and sedimentation controls are provided at the limit of work to protect resource areas. A conservation commission or the Department may determine that this presumption should not apply based on unusual characteristics of the site (e.g., steep slopes) or of the project (e.g., potential for impacts over time that may require oversight through continuing conditions in a Certificate of Compliance). If a commission or the Department determines the presumption should not apply, or if an applicant does not submit sufficient information to allow the commission to determine whether the criteria are met, it may issue a Positive Determination and require a Notice of Intent. Applicants proposing activities which do not meet these criteria may be required to submit a Notice of Intent to the conservation commission for preconstruction review and conditions to protect the interests of the Act. Conservation commissions or Department staff should always conduct a site visit to verify that the project is]united to work within the buffer zone and the criteria are met. The issuing authority should be confident that the boundaries of wetland resource areas have been properly delineated. Work must conform to the plans submitted with the Request for Determination or any modifications imposed by the issuing authority in the Determination of Applicability. Failure to conform to the plans and specifications shall constitute grounds for requiring a Notice of Intent or enforcement action by the commission or the Department. Results from MA DEP BWSC Site List Search Page 1 of 2 C"" Site/Reportable Release Look Up • RTN: • Site Name/Location Aid: • Street: goodhue • City: SALEM • Status: • Chemical Type: Search Results Release Release Site Tracking Release Reporting Notification Compliance RAO Chemical Tracking Number City/Town Address Name/Location Category Date Status Date Phase Class Type Number (RTN) Aid (RTN) 3-0010990 SALEM IBRIDGE ST GOOAND ST NO LOCATION 120 DY 5/11/1994 DEF TIER IB 5/18/1995 3-0010990 3-0021284 SALEM 2 GOODHUE NO LOCATION 120 DY 11/1/2001 UNCLASSIFIED 11/1/2001 Oil 3-0021284 3-0021287 SALEM ID 12 GOODHUE NO LOCATIONST 120 DY 11/1/2001 UNCLASSIFIED 11/1/2001 Oil 3-0021287 Total of 3 rJ ' Results from MA DEP BWSC Site List Search Page 2 of 2 IRecords Matched. * * Search Again * * Definitions [Contact: dbakely_@state.ma.usI [Sited [BWSC Publicationsl [BWSC Homel [DEP Homel[Privacy Policy[ MA DEP -Definitions of Fields Listed in Search Results Page 1 of 4 Mass. -e, � �s •Q�e,a�ngsa 3 � C f' es waste site cleanup waste site cleanup topics: DEP general topics: __ Definitions of Fields Listed in Search Results Release Tracking Number(RTN): The number assigned to every site/reportable release. This number is preceded b 3, or 4 depending on the region where the release/site is located (e.g., 3-0001234). Corresponding regions are: Western Region Central Region Northeast Region Southeast Region City/Town: The city or town where the release of oil or hazardous material occurred. Boston a Barnstable are also broken down by neighborhood or village (e.g., Boston-Brighton Barnstable-Hyannis) Release Address: The number and street that most accurately describe the site/release location. Site Name/Location Aid: Describes the site in terms of its location, use, or type ("Bob's Gas Station" or"Acr from Building 1"). Reporting Category: How quickly a release must be reported to DEP. The potential severity of a release dictates how soon it must be reported. Reporting categories are 2 hours, 72 hours, 120 days. Notification Date: The date DEP uses to establish 21 E deadlines. This date is usually the date when site/release was reported to DEP. However, for some sites, especially those dating before 1993, the notification date may be later than the date DEP first learned abo MA DEP -Definitions of Fields Listed in Search Results Page 2 of 4 site. Compliance Status: 21E sites compliance status definitions: • ADEQUATE REG (Adequately Regulated): A site/release where response actions are deemed adequately regulated under another DEP program or by another government agency. • DEPMOU (Memorandum of Understanding): A site/release where DEP h Memorandum of Understanding or other written agreement with a responsib party. • DPS (Downgradlent Property Status):A site where a DPS Submittal to D has stated that contamination on the property is coming from an upgradient property. • DPSTRM (Downgradient Property Status Terminated): A site where Downgradient Property Status has been terminated. • RAO(Response Action Outcome):A site/release where an RAO Stateme submitted. An RAO Statement asserts that response actions were sufficient achieve a level of no significant risk or at least ensure that all substantial ha were eliminated. • RTN Closed: Future response actions addressing the release associated wi P 9 Release Tracking Number(RTN)will be conducted asart response of the P actions planned for the site under another"primary" RTN. • STMRET(Statement Retracted): An RAO Statement that had been submit the site has been retracted. • TCLASS (Tier Classification): A site/release where a Tier Classification Submittal was received, but the classification type has not been confirmed b DEP. Note: Sites are usually Tier Classified using the Numerical Ranking System(NRS). NRS scores sites on a point system based on a variety of factors. These include th site's complexity, the type of contamination, and the potential for human or environmental exposure to the contamination. In addition, some sites are automati classified as Tier 1 sites if they pose an imminent hazard, affect public water suppli miss regulatory deadlines. • TIER 1A: A site/release receiving a total NRS score equal to or greater than These sites/releases require a permit and the person undertaking response actions must do so under direct DEP supervision. • TIER 1 B: A site/release receiving an NRS score of less than 550 and equal greater than 450. These sites/releases also require a permit, but response a may be performed under the supervision of a Licensed Site Professional (L without prior DEP approval. • TIER 1C:A site/release receiving a total NRS score of less than 450 and eq or greater than 350. A site/release receiving a total NRS score of less than 3 but which meets any of the Tier 1 Inclusionary Criteria specified in 310 CMR 40.0520(2)(a), is also classified a Tier 1 C. These sites/releases also require permit, but response actions may be performed under the supervision of an MA DEP - Definitions of Fields Listed in Search Results Page 3 of 4 without prior DEP approval. • TIER 2:A site/release receiving a total NRS score of less than 350, unless t site meets any of the Tier 1 Inclusionary Criteria (see above). Permits are n required at Tier 2 sites/releases and response actions may be performed un the supervision of an LSP without prior DEP approval. All pre-1993 transitio that have accepted waivers are categorically Tier 2 sites. • DEF TIER 1 B(Default Tier 1 B):A site/release where the responsible party to provide a required submittal to DEP by a specified deadline. • UNCLASSIFIED: A release that has not reached its Tier Classification dead (usually one year after it was reported), and where an RAO Statement, DPS Submittal, or Tier Classification Submittal has not been received by DEP. The fallowing definitions apply to sites that were reported to DEP prior to October 1 and which were regulated under an older version of the MCP: • DEPNDS: DEP Not a Disposal Site means that DEP has determined that th locations did not need to be reported and are not disposal sites. • DEPNFA: DEP No Further Action means that response actions were condu and DEP determined that no further action was needed for the site. • LSPNFA: LSP No Further Action means that response actions were conduc and an LSP has determined that no further action was needed for the site. • PENNDS: Pending Not a Disposal Site means a document was submitted t asserting that these locations did not need to be reported and are not dispo sites. These submittals are considered pending until DEP audits them. • PENNFA: Pending No Further Action means a document was submitted to asserting that a site assessment had determined that no further action was required. These submittals are considered pending until DEP audits them. • WCSPRM:A Waiver Completicn Statement has been submitted to DEP. Compliance Status Date: The date a release/site was listed as its current compliance status. Phase: Indicates the release/site cleanup phase. • No Phase: Phase report not required or not submitted. • Phase I: Initial Site Investigation, including Tier Classification. In this phase, samples are collected and analyzed to determine the types, amounts, and to of contaminants. • Phase II: Comprehensive Site Assessment. During Phase II, the risks pose public health, welfare, and the environment are determined. • Phase III: Identification, Evaluation, and Selection of Comprehensive Reme Action Alternatives and the Remedial Action Plan. In Phase III, cleanup opt are assessed and a cleanup plan is selected. • Phase IV: Implementation of the Selected Remedial Action Alternative and Remedy Implementation Plan. The cleanup plan is implemented in Phase IV MA DEP -Definitions of Fields Listed in Search Results Page 4 of 4 Phase V: Operation, Maintenance, and/or Monitoring. During Phase V, long treatment processes are implemented and monitored to track cleanup progr RAO Class: The class of Remedial Action Outcome submitted to the Department • Class A RAO-Remedial work was completed and a level of"no significant risk' has been achieved. • Class B RAO-Site assessment indicates that"no significant risk'exists. No remedial work was necessary. • Class C RAO-A temporary cleanup. Although the site does not present a "substantial hazard", it has not reached a level of no significant risk The site must be evaluated every five years to determine whether a Class A or Class B RAO is possible. All sites are expected eventually to receive a Class A or B RAO. dep home - calendar• new additions • search , site map • privacy policy contact: bwsc.information@state.ma.us t Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E— Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Person or party making request(if appropriate, name the citizen group's representative): Avar Rpal ty, TTr_ Noma 500 Broadway Mailing Address Everett MA 02149 Cityrrown State Zip Code 617-387-1700 617-387-2152 Phone Number Fax Number(if applicable) Project Location 12 Goodhue Street Mailing Address Salam MA 01970 city/rown - state Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A);or Request for Determination of Applicability(Form 1)): Pnhlir Storage Tnr_ Name 701 Western Avenue Mailing Address ('l endala CA 91201 City/Tom State Zip Code (R1 R1 944—sngo Phone Number Fax Number(if applimble) 3. DEP File Number. None as of vet assigned B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ® Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00,payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston,MA 02211 wpdo.12.dae•Appmdh E•rev.11/15/00 Page 1 0l2 f Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E— Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form,state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. 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. wpefo d.•Ap dk E•re..1VIWW Pepe202 AYER REALTY, LLC 500 Broadway Everett, Massachusetts 02149 Phone: 617-387-1700 Fax: 617-387-2152 February 26, 2001 City of Salem Conservation Commission One Salem Green Salem, MA 01970 Re: 12 Goodhue Street, Salem, MA Dear Sir: Enclosed herein please find copies of a WPA Appendix E - Request for Superseding Determination of Applicability which was filed with the Boston office of Department of Environmental Protection for the above stated property. Very truly yours, Stephen G. Finn SGF:jmm Enclosures , s.-TI�3 F1028 AYER REALTY LLC 500 BRADWAY EVERE T, MA 02149 53-7113/2113 DATE .? '�6 -OZ TO THE F 2�1 �✓/ 6 DOLLARS AGLEBANK A NEW PE 0. 5 PEE TI VE OX BANKING FOR W�/� A/�jOe�D/kv� /.?6iMlhUe - 1100O L0 2811' '1: 2 1 13 7 113 3i: 88 20 2 17 7 P FEE-0E-2002 1517 P.0211'03 3 ® ENSR Intemational 2 Technology Park[rive Wes(aa MA 0188&3140 (978)589.3000 FAX(978)58-9-3100 www.ensr.com February 7,2002 Salem Conservation Commission Salem City Halt 93 Washington Street Salem, MA 01970 ATTN.: Don Sefalo RE: RDA for Release Abatement Measure, 12 Goodhue Street Proposed Amendment to Work Scope Dear Conservation Commissioners: I wanted to present information to you that was not highlighted in the recently submitted RDA for the above-referenced site. it has been brought to my attention that the RAM plan (included .in the RDA as Appendix A) caUs for.the removal of a tank, `Abandoned Concrete UST' as shown on Figure 2 in the RDA. This tank is within the 100-year floodplain of the North River, and therefore within a jurisdictional area subject to the Wetlands Protection Act (310 CMR 10.00). Although this tank removal is not described in the RDA Narrative, it is described in the RAM. The tank is referred to In the RAM (page 3) as the `Abandoned Concrete UST" and is located adjacent to the former boiler building. The general description of the tank removal work to be performed is located on pages 3-4 in the RAM plan_ Although this work is located within the BLSF, the statement previously made within the RDA under "Project Narrative (section 3.0) would still hold tare: 'There will be no net loss of BLSF as a result of this proposed cleanup work because the cleanup area will be returned to existing grade prior to completion of the remediation work." As noted, the work to be performed under the RAM plan is in compliance with the Massachusetts Contingency Plan (310 CMR 40.0000). We would like you to consider this work during the discussion of the RDA at your meeting scheduled for February 14, 2002. We thank you for your consideration of this amendment. If you have any questions or ® Over 30 years of Excekenee in Environmental Services L FED-09-22W is:iv i+ Salemi C,rarrvatlon C�mmiss +, f4bmwv 9,?PCS. $� :. r • page 2+:A L comments prior to the scheduled Hearing, please call me or Larry Hogan at 978-589- 3000- Si ere- regards, y Brenda L. Bhatti Lawrence M. Hogan, LSP Environmental Biologist Senior Project Manager CC- MADEP NERO Evelyn Hubei, Public Storage, Inc. George Atkins, Esq_ John Clayman, Clayman Realty Limited Partnership -� Over 3D Years orExm%nm in Emerwwr4a!Services TOTAL P.O3 1. FEE-00-2002 15-V P.02r03 Eft. ® ENSR Intemational 2 Technology Parc Drive Westisd.MA 0188-3M O (978)58430M FA%(978)4093100 www.ensrcom February 7,2002 Salem Conservation Commission Salem City Hall 93 Washington Street Salem, MA 01970 ATTN.: Don Sefalo RE: RDA for Release Abatement Measure, 12 Goodhue Street Proposed Amendment to Work Scope Dear Conservation Commissioners: I wanted to present information to you that was not highlighted in the recently submitted RDA for the above-referenced site. it has been brought to my attention that the RAM plan (included in the RDA as Appendbt A) calls for the removal of a tank, `Abandoned Concrete UST' as shown on Figure 2 in the RDA. This tank is within the 100-year floodplain of the North River, and therefore within a jurisdictional area subject to the Wetlands Protection Act (310 CMR 10.00). Although this tank removal is not described in the RDA Narrative, it is described in the RAM. The tank is referred to In the RAM (page 3) as the `Abandoned Concrete UST' and is located adjacent to the former boiler building. The general description of the tank removal work to be performed Is located on pages 3-4 in the RAM plan_ Although this work is located within the BLSF, the statement previously made within the RDA under "Project Narrative(section 3.0)would still hold true: 'There will be no net loss of BLSF as a result of this proposed cleanup work because the cleanup area will be returned to existing grade prior to completion of the remediation work." As noted, the work to be performed under the RAM plan is in compliance with the Massachusetts Contingency Plan (310 CMR 40.0000). We would like you to consider this work during the discussion of the RDA at your meeting scheduled for February 14, 2002. We thank you for your consideration of this amendment. If you have any questions or ® Over 30 Years of E.ceRence in EaWronowtal Services r FEE-08-212 15:17 P.93,'03 . Salesrr Cnrsarv�}inn Cemmi::si�++ � r9tuuarr 9,?DC?. comments prior to the scheduled Hearing, please call me or Larry Hogan at 978-589- 3000. '�jSere regards, ¢ / Brenda L. Bhatti Lawrence M. Hogan,/LSP Environmental Biologist Senior Project Manager CC: MADEP NERO Evelyn Hubei, Public Storage, Inc. George Atkins, Esq_ John Clayman, Clayman Realty Limited Partnership -® 0vw w years o/FiteAerue Envvonmenlal ServitGe TOTAL P.03 FEE-08-2002 1517 P.02 03 r f ENSR International 2 TeOnology Park Chive Westford MA 01886-3140 (978)589.3000 FAX(978)5893100 www.ensuvm February 7, 2002 Salem Conservation Commission Salem City Hail 93 Washington Street Salem, MA 01970 ATTN.: Don Sefalo RE: RDA for Release Abatement Measure, 12 Goodhue Street Proposed Amendment to Work Scope Dear Conservation Commissioners: I wanted to present information to you that was not highlighted in the recently submitted RDA for the above-referenced site, it has been brought to my atfent o..n that the RAM pian (included in the RDA as Appendix .A) calls for.the removal of a tank, "Abandoned Concrete UST" as shown on Figure 2 in the RDA. This tank is within the 100-year floodplain of the North River, and therefore within a jurisdictional area subject to the Wetlands Protection Act (310 CMR 10.00). Although this tank removal is not described ih the RDA Narrative, it is described in the RAM. The tank is referred to in the RAM (page 3) as the ®Abandoned Concrete UST" and is located adjacent to the former boiler building. The general description of the tank removal work to be performed is located on pages 3-4 in the RAM plan_ Although this work is located within the BLSF, the statement previously made within the RDA under "Project Narrative (section 3.0)would still hold true: "There will be no net loss of BLSF as a result of this proposed cleanup work because the cleanup area will be returned to existing grade prior to completion of the remediation work" As noted, the work to be performed under the RAM plan is in compliance with the Massachusetts Contingency Plan (310 CMR 40.0000). We would like you to consider this work during the discussion of the RDA at your meeting scheduled for February 14. 2002. We thank you for your consideration of this amendment. If you have any questions or 0 Over 30 Years of Emeikewe in Environnwral SeNkes FEE-00-2002 15:17 P.03�03 • : Salam,CnnsarvaTf4a Commesn:v, , rrlSru3ry 9,200?. ° Page 2 bf comments prior to the scheduled Hearing, please call me or Larry Hogan at 978-589- 3000. Sir ere regards, Brenda L. Bhatti Lawrence M. Hogan, LSP Environmental Biologist Senior Project Manager CC: MADEP NERO Evelyn Hubei, Public Storage, Inc. George Atkins, Esq_ John Clayman, Clayman Realty Limited Partnership ® Over 30 Years of Excellence in Enwrmmenial Services TOTCL P.03 FEE-0E_2002 15:17 P.02/03 i t ENSR Intemational 2 Technology Park Drive wesltmd.MA 01886-3140 (976)589-3000 FAX(978)58931oo www.ensrcom February 7,2002 Salem Conservation Commission Salem City Hall 93 Washington Street Salem, MA 01970 ATTN.: Don Sefalo RE: RDA for Release Abatement Measure, 12 Goodhue Street Proposed Amendment to Work Scope Dear Conservation Commissioners: I wanted to present information to you that was not highlighted in the recently submitted RDA for the above-referenced site. it has been brought to my attention that the RAM plan (included in the RDA as AppendixA) calls forthe removal of a tank, 'Abandoned Concrete UST" as shown on Figure 2 in the RDA. This tank is within the 100-year floodplain of the North River, and therefore within a iurisdictional area subject to the Wetlands Protection Act (310 CMR 10.00). Although this tank removal is not described in the RDA Narrative, it is described in the RAM. The tank is referred to in the RAM (page 3) as the "Abandoned Concrete UST" and is located adjacent to the former boiler building. The general description of the tank removal work to be performed is located on pages 3-4 in the RAM plan_ Although this work is located within the BLSF, the statement previously made within the RDA under "Project Narrative'(section 3.0) would still hold true: 'There will be no net loss of BLSF as a result of this proposed cleanup work because the cleanup area will be returned to e>asting grade prior to completion of the remediation work." As noted, the work to be performed under the RAM plan is in compliance with the Massachusetts Contingency Plan (310 CMR 40.0000). We would like you to consider this work during the discussion of the RDA at your meeting scheduled for February 14, 2002. We thank you for your consideration of this amendment. If you have any questions or ® Over 30 Years of Ercelkwe in Environmental Servkes FEE-08-2002 1517 i Salmn Cm.:.rvation CLmrrd.svni ' rttx Pae 2m comments prior to the scheduled Hearing, please call me or Larry Hogan at 978-589- 3000. Si ere regards, Brenda L. Bhatti La�M. Hogan, LSP Environmental Biologist Senior Project Manager CC: MADEP NERO Evelyn Hubel, Public Storage, Inc. George Atkins, Esq_ John Clayman, Clayman Realty Limited Partnership oveP 30 rears or&ceAen�e in Firvuonme+mai Servkss TOTAL P.03 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 the Public Storage, Inc., 701 Western Avenue, Glendale, CA. The purpose of the hearing is for a determination of work related the remediation and cleanup of contaminated soil located at 12 Goodhue Street. This hearing will be held on Thursday, February 14, 2002 at 7:00 p.m. in Room 313, third floor at 120 Washington Street. Debra A. Hurlburt Chairperson February 7, 2002 Please send bill to: ENSR C/o Brenda Bhatti 2 Technology Park Drive Westford, MA 01886 978-589-3000 t t Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Y WPA Form 2 — Determination of Applicability su 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 Public Storage Inc. Same return key. Name Name 701 Western Avenue rm Mailing Address Mailing Address Glendale CA 91201 City/Town State Zip Code City/Town State Zip Code ee 1. Title and Date of Final Plans and Other Documents: Site Plan For Release Abatement Measure , Clayman Realty 1/02 Limited Partnership 2 And 12 Goodhue Street Salem MA, Sheet No.1 Final Date(or Revised Date if applicable) Title 2. Date Request Filed: February 7 2002 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): Work related to the remediation and cleanup of contaminated soil and removal of an abandoned concrete UST tank. Project Location: 12 Goodhue Street. Salem Street Address Cityrrown Map 15 Lot 0300-0 Assessors Map/Plat Number Parcel/Lot Number WPA Forth 2 - Page 1 of 5 Re,02100 I Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability �w 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 WPA Fo.2 Page 2 or 5 Rev.02100 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability '^w 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 Riverfront 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). "'See Attached Special Conditions ❑ 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. WPA Form 2 Page 3 of 5 Rev.01/00 Massachusetts Department of Environmental Protection t� 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 Noticed 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 Municipality 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 'ci Z66 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 Determination must be signed by a majority of the Conservation Commission.A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). SignatuA11re;al l 1 t F�6 IV Date WPA Faun 2 Page 4 of 5 Rev.02100 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 w 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. WPA Form 2 Page 5 of 5 Rev.02/00 Salem Conservation Commission SPECIAL CONDITIONS Determination of Applicability 12 Goodhue Street, Public Storage Inc. 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 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. 5. 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 6. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 7. 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. 8. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 9. 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. 10. 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. PRIOR TO CONSTRUCTION 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. There shall be hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 17. 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. 18. 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. 19. 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. 20. The areas of construction shall remain in a stable condition at the close of each construction day. 21. 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. 22. 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. 23. 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 24. 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. 25. 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. 26. Only clean fill, free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. 27. 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. 28. 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. 29. 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. 30. 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. 31. There shall be no pumping of water from wetland resource areas. 32. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 33. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 34. The project shall not cause an increase in run-off onto adjacent properties, either during construction or when completed. 35. 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 36. 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. 37. 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. 38. 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. j. 1t PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDITIONS 49. Stockpiled material shall be located outside the 200 foot Buffer Zone. 50. All stockpiled material shall be inspected on a daily bases to ensure that they are properly covered and maintained. 51. Staked hay bales shall be placed around all stockpiled material. 52. A LSP or trained representative and an engineer shall be on site daily to monitor the seawall during excavation of the contaminated soil. 1' COMMONWEALTH OF MASSACHUSETTS 'i EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS a' DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office JANE SWIFT q BOB DURAND Governor APR 1 X18 2002 Secretary LAUREN A.LISS Commissioner cJ u E;Mr. Robert-Ayer RE: Wetlands/SALEM (_AyertRealty.LLC Superseding Determination 500 Broadway of Applicability: 12 Goodhue Street Everett,MA 02149 North Coastal Watershed L Dear Sir(s): The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Protection, Wetlands Division,has completed its review of the above referenced project in preparation to issuing a Superseding Determination of Applicability. Pursuant to the provisions of the Wetlands Protection Act,Massachusetts General Laws, Chapter 131,Section 40,the Department is issuing the attached positive Determination based upon: 1.)a review of the information contained in the file to date, 2.) data gathered during the March 20,2002 on-site inspection,and 3.)reasons the Department has deemed necessary to protect the statutory interests identified in the Wetlands Protection Act. An appeal for a Superseding Determination of Applicability was filed by you on February 26, 2002 requesting the Department issue a positive determination for work to be done at 12, Goodhue Street in the municipality of Salem. This appeal was made to the Department because the Commission had issued a Negative Determination of Applicability on February 19,2002 determining that the work described in the Request for Determination of Applicability was within an area subject to protection under the Act,but would not remove,fill, dredge, or alter that area. Therefore, said work would not require the filing of a Notice of Intent. You disagree with the Commissions findings because you contend that work described in the Determination of Applicability will alter resource.areas. The Department's review,of the file and site inspection confirms that the project site contains the following Area Subject to Protection of the Act: Riverfront Area,Land Subject to Coastal Storm Flowage and Coastal Bank. This site contains two existing, abandoned buildings and areas of deteriorated asphalt and gravel pavement. The activities proposed on site involves the remediation and cleanup of This information is available in alternate format by calling our ADA Coordinator at(617)574-6872 206A Lowell SL Wilmington,MA 01887 a Phone(978)661-7600 • Fax(978)661.7615 1. Tf0#(978)661-7679 Web Site:hBpJMrww.Mass.Gov/DEP Printed on Recyded Paper .,t 1 contaminated soil and removal of an abandoned concrete UST tank pursuant to the MCP. The soil excavation will occur within the 100' Riverfront Area approximately 1-2 feet from the top of Coastal Bank. It is the Department's opinion that the work described is within an area subject to protection under the Act and will remove, fill,dredge or alter that area and therefore said work requires the filing of a Notice of Intent. The fact that the Commission attached four pages of special conditions to the Determination in an attempt to monitor and regulate work on site is further evidence that a Notice of Intent should be filed so that an Order of Conditions may be issued to adequately regulate the work. The Department hereby issues the attached Positive Superseding Determination of Applicability. Should you or any party dispute these findings, direct your attention to that section of the regulations and the Superseding Determination of Applicability that specifies your rights. and procedures to appeal. Should you have any questions please contact Jill Provencal at(978)661-7778. i cerely, James A. bpraguue Section Chief Wetlands and Waterways Program cc: Salem Conservation Commission, City Hall, Salem, MA 01970 Public Storage,Inc., 701 Western Avenue, Glendale, CA 91201 Brenda Bhatti,c/o ENSR,2 Technology Park Drive,Westford,MA 01886 Richard Bennett,c/o BGB, 125 Summer Street,Boston,MA 02108 310 CMR 10.99 DEP File No. SDA (To be pmvided by DEP) Form 2 L,ty/rownSalem Applicant Public Storage,Inc. Commonwealth - ofMassachusetts Superseding Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131,§40 From Department of Environmental Protection Issuing Authority . To Public Storage.Inc. Public Storage.Inc. (Name of Person making request) (Name of property owner) Address 701 Western Avenue,Glendale,CA 91201 Address 701 Western Avenue,Glendale,CA 91201 This determination is issued and delivered as follows: by hand delivery to person making request on (date) X by certified mail,return receipt requested on (date) Pursuant to the authority of G.L.c.131,s.40,the Department has considered your request for a Determination of Applicability and its supporting documentation,and has made the following determination. Location,Street Address: 12 Goodhue Street Salem,MA 01970 Lot Number. Map 15.Lot 0300-0 X This Determination is positive. 1. The area described below,which includes all/part of the area described in your request, is an Area Subject to Protection Under the AcL Therefore,any removing,filing,dredging or altering of that area requires the filing of a Notice of Intent. Plan:"Site Plan for release abatement measure,Clayman Realty Limited Partership,2-12 Goodhue Street; Salem,MA",dated January 2002. _This Determination is negative: 1. The area described in your request is not an Area Subject to Protection Under the Act. 2. The work described in your 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 your request is within the Buffer Zone,as defined in theregulations,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. 4. The area described in your request is Subject to Protection Under the Act,but 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: 310 CMR 9 58(6Ha) Issued by De arhnent of EnvirogMIental Protection Signature 7 day of � / ��a before me personally appeared James A. On Sprague, Section Chief, Wetlands andWate�iays Pro to me ]mown to be the person described in, and who executed the foregoing instrument and ackhat he/she executed the same as his/her free act and deed. 127' N- No Pub 'c My Commission Expirijs This Superseding Determination does not relieve the.applicant from complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. This Superseding Determination shall be valid for three years from the date of issuance. The applicant,the owner,any person aggrieved by the Superseding Order,any owner of land abutting the land upon which the proposed work is done,or any ten(10)persons pursuant to M.G.L.c.30A,s.10A,are hereby notified of their right to request an adjudicatory hearing pursuant to M.G.L.c.30A,s10,providing the request is made by certified mail or hand delivery to the Department,with the appropriate filing fee and a DEP Fee Transmittal Form within ten(10)bmirkss days from the date of issuance of this Detemrination,and addressed to: Docket Clerk - Office of Administrative Appeals - Department of Environmental Protection One Winter Street,P Floor Boston,MA 02108 A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission,the applicant,and the issuing office of the DEP at James Sprague,Section Chief Wetlands and Waterways Program Department of Environmental Protection - 205ALowell Street Wilmington,MA 01887 - . A Notice of Claim for an Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR 1.01(6),and shall contain the following information: - - (a) the DEP Wetlands File Number,time of the applicant,and address of the project; (b) the complete name,address and telephone number of the party filing the request,and,if represented by counsel,the time and address of the attorney; (c) the names and addresses of all other parties,if known; (d) a clear and concise statement of(1)the facts which are grounds for the proceeding,(2)the objections to this Superseding Determination, including specifically the manner in which it is alleged to be inconsistent with the Department's Wetlands Regulations, (3 10 CMR 10.00) and (3) the relief sought through the adjudicatory hearing, including specifically the changes desired in the Superseding Determination; _ (e) a statement that a copy of the request has been sent to the applicant,the conservation commission and each other party or representative of such party,if known. A copy of the Notice for Claim along with a DEP Fee Transmittal Form and a valid check or money order payable to the Commonwealth of Massachusetts in the amount of one hundred($100)most be mailed to: _ Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O.sox 4.62 _ Boston,Massachusetts 02211 - The request will be dismissed if the filing fee is not paid,unless the applicant is exempt or granted a waiver. The filing fee is not required if the appellant is a city of town(or municipal agency),county,or district of the Commonwealth of Massachusetts,or a municipal housing authority. The Department may waive the adjudicatory.hearing filing fee pursuant to 310 CMR 4.06(2)for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together withthe hearing request as provided above. Failure to submit all necessary may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing. \ l-� i r� � Sl�� ��,� 1 ' MASSACHUSETTS WETLANDS PROTECTION ACT REQUEST FOR DETERMINATION OF t APPLICABILITY for ' Release Abatement Measure EK,yto 12 Goodhue Street ' Salem, Massachusetts tPrepared for: ' Public Storage, Inc. 701 Western Avenue ' Glendale, CA 91201 ' Prepared by: ' ENSR Corporation 2 Technology Park Drive Westford, MA 01886 1 1 ' January 30, 2002 1 Elmet® 1 ENSR International 2 Technology Park Drive Westford,MA 01886-3140 1 (978)589-3000 FAX(978)589-3100 January 30, 2002 wew..ensr.com 1 Salem Conservation Commission 1 City Hall 93 Washington Street Salem, MA 01970 1 RE: Request for Determination of Applicability Removal of Contaminated Soil to Comply with Release Abatement Measure (RAM) 1 12 Goodhue Street, Salem, Massachusetts Dear Commission Members: 1 On behalf of Public Storage, Inc. (project applicant) and Clayman Realty Limited Partnership (property owner), we are submitting the attached Request for Determination of Applicability 1 (WPA Form 1) for resource areas under the jurisdiction of the Wetlands Protection Act (WPA) and its regulations (310 CMR 10.00). Enclosed are ten copies of the application and supporting documentation. Two copies have been forwarded to the MADEP Northeast Regional Office. A 1 copy was also sent to the property owner, John Clayman. 1 We request that you schedule this matter for a Hearing at the meeting set for February 14, 2002. If you have any questions, please contact me or Brenda Bhatti at 978-589-3000. Thank you. 1 Sincerely, ENSR Lawrence M. Hogan, LSPreB ncl L. Bhatti 1 Senior Project Manager Environmental Biologist 1 Enclosure: WPA Form 1 Package Form 1 Project Narrative 1 Figures 1 &2 Appendix 1 CC: MADEP NERO BRP Evelyn Hubel, Public Storage, Inc. 1 George Atkins, Esq. John Clayman, Clayman Realty Limited Partnership 1 9 Over 30 Years of Excellence in Environmental Services 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 A. General Information ' Important: When filling out 1. Applicant: forms on the Public Storage, Inc. computer, use Name E-Mail Address ' only the tab key to move your 701 Western Avenue cursor-do not Mailing Address use the return Glendale CA 91201 ' key. City[Town State Zip Code y� (818) 244-8080 (818)241-9489 V�—(J Phone Number Fax Number(if applicable) 2. Representative (if any): ENSR ' Firm Lawrence M. Hogan Ihogan@ensccom Contact Name E-Mail Address 2 Technology Park Drive ' Mailing Address Westford MA 01886 City/Town State Zip Code ' 978-589-3000 978-589-3000 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). ' The fill area identified on Figure 2 as "Disturbed Area" is required to be removed and remediated under a Release Abatement Measure (RAM) under the Massachusetts Contingency Plan (MCP)(310 CMR 40.0000). Up to 1500 yards of soil and fill will be removed to reduce concentrations of petroleum in the soil in accordance with that RAM (Appendix A). The selected alternative is adequate for work in the Riverfront Area as required by the MCP. This work will improve the Riverfront Area by reducing the amount of petroleum in the environment. ' wpaformt.doc-rev.02100. Page 1 of Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands Salem WPA Form 1 - Request for Determination of Applicability City(rown ' 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). 310 CMR 10.58(5)- Redevelopment Within Previously Developed Riverfront Areas; Restoration and Mitigation. t 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.) ' See Release Abatement Measure(Appendix A) ' wpaformt Acc•rev.W/00. Page 3 of 4 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands Salem WPA Form 1 - Request for Determination of Applicability Citylrown ' 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): 12 Goodhue Street Salem ' Street Address City/Town 15 0300-0 Assessors Map/Plat Number Parcel/Lot Number ' b. Area Description (use additional paper, if necessary): The site is at the corner of Goodhue Street and Bridge Street(Figure 1). This property is 2.349 acres of heavily disturbed and compacted urban land within the Ind.-Whs. zone. It contains two dilapidated ' commerical buildings that are currently unused. ' c. Plan and/or Map Reference(s): ' Locus Map (Figure 1) 01/02 Title Date Site Plan for Release Abatement Measure (Figure 2) 01/02 Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): See attached Narrative 1 ' w forml.tloo•rev.02100. Page 2 of 4 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection -Wetlands Salem 1 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: John Clayman President Clayman Realty Limited Partnership Name ' 804 Hale Street Mailing Address Beverly Farms ' City/Town MA 01915 State Zip Code Signatures: I also erstand that notification of this Request will be placed in a local newspaper at my expense ' n acc rd ce with a tion 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Publi S ra I by David Ristig, Senior Vice President 5 k 'Za- OZ ' Signa a of Applicant Date 1 /a 7/o-,),. ignature of Representative(if any) Date ' wpeformt.tlac•rev.02100. Page 4 of 4 1 ' PROJECT NARRATIVE ' 1.0 Introduction and Overview This Request for Determination of Applicability (RDA) application has been prepared by ENSR on ' behalf of Public Storage, Inc. (project applicant) and Clayman Realty Limited Partnership (property owner) in accordance with Massachusetts Wetlands Protection Act (MWPA)(MGL Ch. 131, s.40) and its Regulations (310 CMR 10.00). The proposed project involves removal and ' remediation of petroleum impacted soil on a portion of the site at 12 Goodhue Street in Salem, MA (Figure 1) as part of a Release Abatement Measure (RAM; Appendix A) in compliance with the Massachusetts Contingency Plan (MCP)(310 CMR 40.0000). ' The North River forms the northeasterly property boundary. The remediation area is within Riverfront Area and Buffer Zone to the Bank. According to the Federal Emergency Management ' Agency (FEMA) Flood Insurance Rate Map for Salem, Panel# 250102-0001 B (August 5, 1985), much of the site lies within the 100 year flood plain of North River. Therefore, it is also within an area that is Bordering Land Subject to Flooding (BLSF). The Resource Areas are shown on the attached Site Plan (Figure 2). 2.0 Existing Conditions 1 The property is an abandoned industrial facility with various historical uses that are documented in the attached RAM plan. The land is primarily unvegetated as is typical of developed urban ' centers. The remediation project is within a previously heavily disturbed and compacted Riverfront Area, BLSF, and buffer to Bank. The Riverfront area is not in a natural condition since the North River at this location has been channelized by stone retaining walls. tThe proposed site will now be managed under a RAM plan under the MCP that is subject to review and approval by the Massachusetts Department of Environmental Protection (DEP). This work is a precursor to redevelopment of this site. ' 3.0 Proposed Activity The proposed project is to remove up to 1500 cubic yards of petroleum-contaminated soil adjacent to the concrete vertical wall that maintains North River in its channel. The specific ' protocol for removing the soil is detailed in the attached RAM. Approximately 3,400 square feet of previously-disturbed Riverfront area is included in the project. Since the entire area is within the 100-feet-wide Buffer Zone to Bank of the North River, removal of the soil will impact approximately ' 3,400 square feet of Buffer Zone. There will be no net loss of BLSF as a result of this proposed cleanup work because the cleanup area will be returned to existing graded prior to completion of the remediation work. ' Prior to remedial work in the project area, silt fences will be erected as shown on the project plans. These erosion control devices will be maintained throughout the duration of the project and until ' loamed and seeded areas are stable. t The result of the cleanup effort will be an improvement to the conditions in the Riverfront area and Buffer Zone to Bank. ' 4.0 Summary The project is a cleanup of contaminated soil in accordance with a RAM plan associated with the MCP. Previously disturbed Riverfront Area, and Buffer Zone to Bank, will be minimally impacted. There will be no net loss of Bordering Land Subject to Flooding. The result will be an improvement to the existing condition of these wetland resource and related areas. We ask the Salem Conservation Commission to find that the proposed project represents insignificant impact under the interests of the Wetlands Protection Act, and issue a Negative ' Determination allowing the project to proceed as described in this document and the attached RAM plan. 1 1 1 1 1 1 ,.r� Al Nr � �^\y/ /\'`1j , Imo` A r u'tsYS "�`^1' •• i<51�. Y s ' ) .,y,f �� � sv �d Z � 1 � ���n,: s�' J'. - � r ,���'hif � .:•s � c zry a= - as! e� «�.. a ,n � � 1 . � 1 �d ?Yi a ', 1 sC}u� 'l. • ;F r• / / y� f � a t � � y<R ft r 3 12 i t ' ° `�' F• !/ :< aa. Mt it ,,g, i 4SCK �.�. " 7 tiff � � � � ! i.l• 0 a ya/" < ' x �'S'' "' �•`� , °' SITE LOCATION ro Stl7t�atSate ' 4 f nl!ns / � + � y O s�. ` C3'1 � _ :D4 i 1 '�, r`��'1' �BII'`B '� f,.�@4 /•� !I r s �jJ � C �� ••y/'' 2 �•�� � e� .. N 4 r _�2 � � '•' "r,���"'"�•$st1�`v(�'��Y 4 � j: y �,/'' 1 l. ' SCALE 1:24,000 o.s 0 os 1 Mlles 1000 0 1000 2000 3000 4000 5000 0000 7000 Feel 1 0 1 Kilometers u Site Locus Figure 1 Request For Determination Public Storage, Inc. of Applicability ' o , 12 Goodhue Street nen•n.....��• Salem, Massachusetts NNr .v.m. Job Number 05555661 1 r r r r r ' Appendix A Release Abatement Measure Plan r 1 1 1 r 1 EARRO RELEASE ABATEMENT MEASURE PLAN 12 Goodhue Street Salem, Massachusetts RTN A 3-21287 January 28, 2002 Site Contacts: Lawrence M. Hogan, P.G., LSP Clayman Realty Limited Partnership ENSR International, Inc. P.O. Box 5532 (Environmental Consultant for Site Owner) 804 Hale Street 2 Technology Park Drive Beverly Farms, MA 01915 Westford, Massachusetts 01886 Phone (978) 921-1659 Phone: (978) 589-3000 ' This Release Abatement Measure (RAM) Plan is being submitted under 310 CMR 40.0000, the Massachusetts Contingency Plan (MCP), for the disposal site located at 12 Goodhue Street, Salem, Massachusetts and identified by Release Tracking Number (RTN) 3-21287. The site location is shown on Figure 1, Site Locus, and pertinent site features are shown on Figure 2, Site Plan. This RAM Plan contains the required information as specified in 310 CMR 40.0444 and is being submitted under the cover of DEP form Release & Utility-Related Abatement Measure Transmittal Form BWSC-106. A copy of this form is attached, along with a copy of the required RAM Compliance fee. BACKGROUND INFORMATION ' ENSR previously conducted a Phase I Environmental Site Assessment (Phase 1) report, dated January 8, 2001, as well as two subsurface assessments of the site. The first subsurface assessment is summarized in a report, dated March 9, 2001, and the second subsurface assessment report has yet to be completed. ENSR's Phase I identified concerns regarding the historical use of the subject property. These concerns include the following: 1. verbal reports that the subject property is located in an area of Salem that utilized fill material (in the 1800s), 2. Historical use of the site by a variety of tannery operations from approximately 1890 until circa 1960, 3. The former use of a portion of the site by a company which reclaimed chemicals and precious metals from chemical waste between circa 1984 and 1989, and 4. The existence of an abandoned fuel oil underground storage tank (of unknown capacity) along the southeastern side of the abandoned brick boiler house on-site. As part of the two subsurface assessments conducted by ENSR at the site, four test pits (TP-1 through TP-4), 10 Geoprobe® borings (GP1 though GP-10), and 14 test borings (TB-1 through 1 t:� Over 30 Years of Excellence in Environmental Services EMIL TB-14) have been advanced at the subject parcel. The locations from which soil and groundwater samples have been collected are illustrated on Figure 2, Site Plan. Analysis of soil samples collected from these locations have identified the following exceedences of ' the applicable Method 1 S-2/GW-3 and S-3/GW-3 standards: volatile petroleum hydrocarbons (VPH) fractions at two locations (TB-5 and TB-13), extractable petroleum hydrocarbons (EPH) fractions at five locations (GP-2, GP-10, TB-1, TB-2 and TB-3), phenanthrene at one location (TB- 1), benzo(a)anthracene at five locations (GP-4, GP-7, TB-1, TB-2 and TB-3), benzo(b)fluoranthene at five locations (GP-4, GP-7, TB-1, TB-2, and TB-3), benzo(a)pyrene at seven locations (GP-4,TB- 1, TB-2, TB-3, TB-4, TB-5, and TB-6), ideno(1,2,3-cd)pyrene at four locations (TB-1, TB-2, TB-3, and TB-4), arsenic at eight locations (TP-2, GP-1, GP-3, GP-7, GP-8, GP-9, TB-5 and TB-7), chromium at two locations (GP3 and GP8), and lead at three locations (GP-5, GP-8 and TB-3). The concentration of the C9-C10 aromatic hydrocarbon fraction in TB-5 and TB-13 exceeds the upper concentration limit (UCL). An exceedence of the UCL indicates that there is potential risk to human health and the environment. Analysis of groundwater samples from four site monitoring wells identified exceedences of applicable Method 1 GW-3 standards in well MW-3 for VPH in the C9 to C10 aromatic hydrocarbons range, for EPH in the C9 to C18 aliphatic hydrocarbon range, and lead. Based on the assessments performed, the soil impacted with petroleum and metals concentrations in excess of applicable Method 1 standards appears to be pervasive across the site. Concentrations of compounds of concern above applicable Method 1 standards have been identified in soil collected from depths between 0 to 12 feet below surface grade (BSG). SITE DESCRIPTION Site Conditions The subject property is located at the northeastern intersection of Goodhue Street and Bridge Street, consists of approximately 2.349 acres of land, and is largely vacant. The site is fenced and is accessed by gates located along both Goodhue and Bridge Streets. The site is bound to the north by a vacant industrial structure and to the east by the North River Canal, a tidal surface water stream. Approximately five percent of the site is occupied by two structures, an abandoned one-story brick boiler house in the eastern portion of the site and a one-story abandoned wood shed in the central portion of the site. An abandoned concrete underground storage tank (UST) is present immediately adjacent to the southeastern side of the boiler building. The remainder of the property is covered with unpaved gravel. Surrounding Receptors The subject property is located in an area of historic heavy industrial usage including tanneries, auto repair shops, and plastics manufactures. No surface water or suspect wetland areas were observed on-site during ENSR's Phase I, however, as mentioned above, the site is bound to the east by the North River Canal, a tidally influenced surface water body. Groundwater beneath the subject property is not a potential drinking water source as defined by the MCP. 2 `:� Over 30 Years o(Excellence in Environmental Services � E No other environmental receptors were identified within 500 feet of the subject. The nearest residential dwellings are located approximately 150 feet west to southwest of the site. OBJECTIVES This document presents a plan and implementation schedule for an excavation program that will remove soil that exceeds the UCL for C9-C10 aromatic hydrocarbons located in a disturbed area along the eastern margin of the site (in the vicinity of TB-13 and TB-5/MW-3). The approximate horizontal extent of impacted soil is depicted on Figure 2. The objective of this program will be to remove a volume of soil sufficient to reduce contaminant exposure point concentrations (EPCs) at the site to levels below the UCL. In addition, this plan also covers the removal of the abandoned concrete UST located adjacent to the former boiler building. It is not anticipated that soil will be removed from the vicinity of the UST since assessments completed to date indicate that there is a large area of petroleum impacted soil extending both westward and eastward from the UST. Based on the assessments performed, it is not practical to remediate this soil through excavation and preliminary evaluation pursuant to MCP risk assessment requirements and DEP guidance indicates that the soil does not pose a significant risk under current and foreseeable site use. Accordingly,the removal of any petroleum contaminated soil encountered associated with the removal of the abandoned UST is not an objective of this RAM Plan. SPECIFIC PLAN AND SCHEDULE ENSR will excavate and remove up to 1,500 cubic yards of petroleum and metals impacted soil in the vicinity of the disturbed area along the eastern margin of the site. ENSR will direct the excavation of impacted soil based on screening with a photoionization detector (PID) as well as visual observation. Soil that is not impacted will be segregated and stockpiled pending use as backfill material. Soil that exhibits no odor or staining and a PID response of less than 10 parts per million (ppm) will be considered clean. Based on the boring logs completed for TB-5 and TB-13, soil that is impacted with C9-C10 aromatics above the UCL yields PID readings of greater than 100 ppm. Copies of the TB-5 and TB-13 borings logs are attached. Soil with PID readings above 100 ppm will be considered impacted above the UCL for the purposes of this RAM Plan. Such impacted soil will be placed on and covered with 6-mil polyethylene sheeting and disposed of under Bill of Lading documentation at a state-approved disposal recycling facility, pending laboratory analysis of appropriate disposal parameters. Soil that is impacted with readings between 10 and 100 parts per million may also be segregated for disposal depending upon the volume of soil that has been removed that has readings above 100 ppm. If soil that is impacted between 10 and 100 ppm on the PID is not segregated for disposal, it will be placed back in the excavation and covered with plastic sheeting. The remainder of the excavation will then be backfilled with clean compactable fill. Since the excavation is to be conducted in close proximity to the wall of the North River Canal, work will be performed in accordance with applicable Rivers Act and Wetland Regulations (see Applicable Permits section below). Siltation control will be installed along the canal wall to mitigate the transportation of sediment into the canal. Removal of the abandoned concrete UST will involve the excavation of soil from its top and along its sides. It is anticipated that the tank will either be lifted directly from the excavation after approval by the Salem Fire Department or, if the UST is too heavy to lift directly, that it will 3 i `3 Over 30 Years of Excellence in Environmental Services E be fractured in place and lifted out in sections. The latter approach will be subject to approval by the Salem Fire Department. As discussed above, evaluation of the soil surrounding the UST to date has indicated that petroleum contaminated soil is present; however preliminary risk assessment calculations indicate that it does not pose a significant risk for current and foreseeable site use. Therefore, any soil excavated will be placed back into the excavation. The excavation will then be lined with plastic and then backfilled with clean compactable fill. Implementation Schedule Activities associated with the RAM will commence as soon as possible following either written receipt of approval from DEP or the date of presumptive DEP approval (21 days after submittal of this RAM Plan). RELEASE ABATEMENT MEASURES ENSR is proposing to excavate the.contaminated soil beneath a visibly disturbed area along the eastern margin of the site to reduce exposure point concentrations in this area to below the UCL. In addition, ENSR is proposing to remove an abandoned concrete UST located adjacent to the southeastern side of the former boiler building. Soil Excavation and Confirmatory Sampling ENSR will collect a minimum of six composite soil samples from the limits of the eastern excavation, including one sample from each excavation sidewall and two samples from the bottom of the excavation. Soil samples will be submitted to a State-certified testing laboratory for VPH, EPH and priority pollutant (pp13) metals. If screening results indicate that a sufficient volume of impacted soil has been removed, ENSR will backfill the open excavation using clean soil provided by ENSR's subcontractor. Two composite soil samples will be collected from the UST excavation for analysis of EPH and VPH. One composite will be collected from the sidewalls and one from the bottom of the excavation. These data will be used along with the data collected during the assessments completed to date to generate an Exposure Point Concentration (EPC) for the petroleum impacted soil located in this portion of the site. The EPC will be used to assess risk associated with the site. Management of Remediation Wastes The material excavated from the eastern area will be stockpiled on 6-mil polyethylene sheeting and covered with the same or heavier material pending laboratory characterization and selection of a suitable off-site disposal location. The material generated will be transported for final disposal within 120 days of stockpiling using the Bill of Lading process described in 310 CMR 40.0034 of the MCP. 4 �,^`i Over 30 Years of Excellence in Environmental Services � E INUM 1 No soil is expected to be removed from the abandoned concrete UST excavation. Any liquid wastes within the UST will be pumped out and transported off-site by a licensed waste hauler for off-site disposal at a licensed disposal facility. The tank itself will be cleaned by pressure washing and then disposed of at a State-licensed tank dismantling facility. The liquid wash water will be contained and disposed of off site under uniform hazardous waste manifest and disposed of at a licensed disposal facility. APPLICABLE PERMITS Permits that may be required include the following: • A tank removal permit from the Salem Fire Department. All soil that is transported off-site to a disposal facility will be approved by a Licensed Site Professional (LSP) and documented with a Bill of Lading signed by the generator in accordance with the requirements of the MCP 310 CMR 40.0034 and 40.0035. Because the RAM is planned within 200 feet of the North River Canal, ENSR will submit a Request for Determination of Applicability (RDA) to the Salem Conservation Commission (Con Com). The RDA filing will yield a determination from the Con Com on whether or not a Notice of Intent will be needed. 15 `'�' Over 30 Years of Excellence in Environmental Services 1 _ FIGURES 1 i i Over 30 Years of Excellence in Environmental Services t I 76;*N IF .4 gmjl -- AY A v.. � 7 {{♦ t" n l aw +fir'`;� ��;�_��:e�6 ��:. AN-, •�'¢ 6: ��.•, Source: USGS 7%Minute Topographic Quadrangle, /NTERNAT/ONAL TechnologySalem,Massachusetts, 1985 2 GoodhueSCALE 2-12 � a � >• err �i■I� � r � � � � rlrr. a� � » � � r• ENAME: 555519A.DWG /,8-10 0 dp PROPERTY / / / ` Got Tg-ti / GP-7 TB-9 0 ` TS -2 TP-4 / GF ta / .TB-8 Jam/ 12 GOODHUE STREET / TB-012� / C SCP-10 / APPROXIMATE RAM EXCAVATION AREA Oh 3. Q ON�Sa T47B-13 7B-13 ABANDONED Iwo $ \TB-3 G CONCRETE UST qu"'n� " o2 TB-s / Mw-y /TPo \TB-2 ?CP-1 / / OP-2 V �\ 10-18 7B_7I , /1GP-2BG4 4B \ GOODHUE STREET -� \ Tp- 2 I iB-68 1 1 TB-5B _ GP-30 1 CP1B TB-4B TP-291 _ CP-3 TB-14 TB-6/MW-4 1 BRIDGE STREET I crcun ROURE NUMBER: + GEOPROBE BORING (FEB. 2001) SITE PLAN o TEST PIT (FEB. 2001) ® PUBLIC STORAGE, INC. • SOIL TEST BORING (SEPT. 201) ]- 301 TERNATIONAL 2 AND 12 GOODHUE STREET 2 MONITORING WELL (SEPT. 2001) TECHNOLOGY ACMUDRIvESEm o1aBB SAU 1, Mq ONE: (9785)8 589-3000 SCAB: HTTP//WWW.ENSR.CCM DRAMN BY; DA1C PROJECT NUMBER; SHEET NUNBFA: J.E.B. 9101 555F_ctn E 1 1 N Me 1 COPY OF DEP TRANSMITTAL FORM BWSC-106 & RAM ' COMPLIANCE FEE CHECK I 1 1 ' i Over 30 Years of Excellence in Environmental Services ' Massachusetts Department of Environmental Protection BWSC-106 Bureau of Waste Site Cleanup ' RELEASE & UTILITY-RELATED ABATEMENT Release Tracking Number MEASURE (RAM & URAM) TRANSMITTAL FORM Pursuant to 310 CMR 40.0444-0446 and 310 CMR 40.0462-0465(Subpart D) a 21287 ' A. SITE LOCATION: Site Name: Vacant Parcel Street: 12 Goodhue Street Location Aid: City/Town: Salem ZIP Code: 01970-2236 ❑ Check here if a Tier Classification Submittal has been provided to DEP for this Release Tracking Number. Related Release Tracking Numbers That This RAM or URAM Addresses: B. THIS FORM IS BEING USED TO: (check all that apply) ❑✓ Submit a RAM Plan(complete Sections A.B.C.D.E,F.J,K.L and M). .� ❑ Check here if this RAM Plan is an update or modification of a previously approved written RAM Plan. Date Submitted: ❑ Submit a RAM Status Report(complete Sections A.B,C.E.J.K,L and M). ❑ Submit a RAM Completion Statement(complete Sections A,B,C,D.E.G,J.K,L and M). ❑ Confirm or Provide URAM Notification(complete Sections A,B,H.K,L and M). ❑ Submit a URAM Status Report(complete Sections A,B,C,E,J.K,L and M). ❑ Submit a URAM Completion Statement(complete Sections A.B,C.D,E,I,J,K,L and M). You must attach all supporting documentation required for each use of form indicated,including copies of any Legal Notices and Notices to Public Officials required by 310 CMR 40.1400. C. SITE CONDITIONS: ❑ Check here if the source of the Release or Threat of Release is known. If yes,check all sources that apply: © UST ❑ Pipe/Hose/Line ❑ AST ❑ Drums ❑ Transformer ❑ Boat ' ❑ TankerTmck ❑ Vehicle ❑ Other Specify: Identify Media and Receptors Affected: (check all that apply) ❑ Air /❑ Groundwater ❑ Surface Water ❑ Sediments Q Soil ' ❑ Wetlands ❑ Storm Drain ❑ Paved Surface ❑ Private Well ❑ Public Water Supply ❑ Zone 2 ❑ Residence ❑ School ❑ Unknown ❑ Other Specify: Identify Release and/or Threat of Release Conditions at Site: (check all that appy) ❑ 2 and 72 Flour Reporting Condition(s) ✓❑ 120 Day Reporting Condition(s) ❑ Other Condition(s) Describe: Concentrations of VPH, EPH, Arsenic, Chromium and lead above applicable reporting thresholds in soil. RAMs may be conducted concurrently with an IRA only with written DEP approval URAMs may not be conducted if any 2 or 72 Hour conditions exist at the site. Identify Oils and Hazardous Materials Released: (check all that apply) Q Oils ❑ Chlorinated Solvents Q Heavy Metals ' ❑ Others Specify: D. DESCRIPTION OF RESPONSE ACTIONS: (check all that apply) ✓❑ Assessment and/or Monitoring Only ❑ Deployment of Absorbent or Containment Materials QExcavation of Contac inated Soils ❑ Temporary Covers or Caps 0 Re-use,Recycling or Treatment ❑ Bioremediation Q On Site � Off Site Est.Vol.: 1500 cubic yards Soil Vapor Extraction Describe: ❑ Structure Venting System ❑ Store O On Site O Off Site Est.Vol.: cubic yards ❑ Product or NAPL Recovery SECTION D IS CONTINUED ON THE NEXT PAGE. Revised 2/24195 Supersedes Forms BWSC-007, 008, 009 and 010(in part) Page 1 of 4 Do Not Alter This Form Massachusetts Department of Environmental Protection BWSC-106 Bureau of Waste Site Cleanup ' RELEASE & UTILITY-RELATED ABATEMENT Release Tracking Number MEASURE (RAM & URAM) TRANSMITTAL FORM • Pursuant to 310 CMR 40.0444-0446 and 310 CMR 40.0462-0465(Subpart D) � '1212 87 ' D. DESCRIPTION OF RESPONSE ACTIONS(continued): Landfill Cover `j Disposal Est.Vol.: cubic yards Groundwater Treatment Systems Removal of Drums.Tanks or Containers — _ Air Sparging Describe. _j Temporary Water Supplies Removal of Other Contaminated Media ;�, Temporary Evacuation or Relocation of Residents Specify Type and Volume: _ i_� Fencing and Sign Posting Other Response Actions Describe: — See 310 CMR 40.0442 for limitations on the scope and type of RAMS. See 310 CMR 40.0464 for performance standards for URAMs. Check here if this RAM or URAM involves the use of Innovative Technologies. DEP is Interested in using this Information to aid In creating an Innovative Technologies Clearinghouse. ' Describe Technologies: E. TRANSPORT OF REMEDIATION WASTE: (0 Remediation Waste has been sent to an o0-site facility,answer the following questions) Name of Facility: ' Town and State: Quantity of Remediatton Waste Transported to Date: F. RAM PLAN: Check here if this RAM Plan received previous oral approval from DEP as a continuation of a Limited Removal Action(LRA). Date of Oral Approval: ' I✓! If a RAM Compliance Fee is required,check here to certify that the fee has been submitted. You MUST attach a photocopy of the payment. See 310 CMR 40.0444(2)to learn when a fee is not required. _ Check here H the RAM Plan is proposed for a Transition Site. 0 this is the case,you may need to attach an LSP Evaluation Opinion prior to undertaking the RAM,if not previously provided. Sae 310 CMR 40.0600 for further information about Trensi0on Sites. ' G. RAM COMPLETION STATEMENT: If a RAM Compliance Fee is required in connection with submission of the RAM Completion Statement,check here to certify that the fee has been submitted.You MUST attach a photocopy of the payment. You owe this fee when submitting a RAM Completion Statement if you received oral approval of a RAM that continued an LRA,and have NOT previously submitted a RAM Plan and accompanying fee. It any Remediation Waste will be stored,treated,managed,recycled or reused at the site following submission of the RAM Completion Statement,you must submit a Phase IV Remedy Implementation Plan,along with the appropriate transmittal form,as an attachment to the RAM Completion Statement. H. URAM NOTIFICATION: Identify Location Type: (check all that apply) U Public Right of Way i:j Utility Easement � El Private Property Identify Utility Type: (check all that appty) n Sanitary/Combined Sewerage Water [ I Drainage El Natural Gas Telephone Steam Unes E] Tele om uniceu tions Electric Other Specify: Check here if you provided DEP with previous oral notification of this URAM. Date of Oral Notice: Check here 0 the property owner was NOT contacted prior to initiation of the URAM. If this is the case,you must attach an explanation of why the owner was not contacted,including the date and time when contact ultimately occurred. Check here if this URAM will occur in connection with the construction of new public utilities. If this is the case,document the nature and extent of encountered contamination,the scope and expense of necessary mitigation and the benefits amd limitations of project alternatives, With the exception staled below,the person undertaking the URAM must provide the name and license number of an LSP engaged or employed in connection with the URAM: —— LSP Name' LSP License Number. LSP information is not required if the URAM is lirrited to the excavation and/or handling of net more than 100 cubic yards of soil contaminated by Oil.or not npre than 20 cubic yards of soil contaminated either by a Hazardous Material or a mixture of a Hazardous Material and Oil ' Revised 2/24/95 Supersedes Forms BWSC-007,006,009 and 010(in part) Page 2 of 4 Do Not Alter This Form Massachusetts Department of Environmental Protection BWSC-106 Bureau of Waste Site Cleanup RELEASE & UTILITY-RELATED ABATEMENT Release Tracking Number MEASURE (RAM & URAM) TRANSMITTAL FORM I� • Pursuant to 310 CMR 40.0444-0446 and 310 CMR 40.0462-0465(Subpart D) t-1 ' I. URAM COMPLETION STATEMENT: Check here if this DRAM was limited to the excavation and/or handling of not more than 100 cubic yards of soil contaminated by Oil,or not more than 20 cubic yards of soil contaminated by either a Hazardous Material or a mixture of a Hazardous Material and Oil. ' If any Remediation Waste will be stored,treated,managed,recycled or reused at the site following submission of the URAM Completion Statement,you must submit either a Release Abatement Measure(RAM)Pian or a Phase IV Remedy Implementation Plan,along with the appropriate transmittal form,as an attachment to the URAM Completion Statement. J. LSP OPINION: I attest under the pains and penalties of perjury that I have personalty examined and am familiar with this transmittal form.Including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge, mlormatioo and belief. ' > if Section B of this form indicates that a Release Abatement Measure Plan is being submitted,the response action(s)that is(are)the subject of this submittal(i)has(have)been developed in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000,(it)is(are)appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(iii) corn ies(y)with the identified provisions of all orders,pemdes,and approvals identified in this submittal: > if Section B of this form indicates that a Release Abatement Measure Status Report or a Utility-Related Abatement Measure Status Report is being submitted,the response action(s)that is(are)the subject of this submittal(i)is(are)being implemented in accordance with the applicable provisions o M.G.L.c.21 E and 310 CMR 40.0000,(it)is(are)appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(iii)conplies(y)with the identified provisions of all orders,permits,and approvals identifie ' in this submittal, > if Section B of this form indicates that a Release Abatement Measure Completion Statement or a Utility-Related Abatement Measure Completion Statement is being submitted,the response actions)that is(are)the subject of this submittal(1)has(have)been developed and implemented in aceordan with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000,(ii)is(are)appropriate and reasonable to acconpfish the purposes of such response ' action(s)as set forth in the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(in)complies(y)with the Identified provisions of all orders. permits,and approvals identified in this submittal: I am aware that significant penalties may result.including.but riot limited to,possible fines and imprisonment,if I submit Information which 1 know to be false,inaccurate or materially incomplete. ' Check here if the Response Action(s)on which this opinion is based.if any,are(were)subject to any order(s),permit(s)and/or approval(s)issued by DEP or EPA. If the box Is checked,you MUST attach a statement identifying the applicable provisions thereof. Lawrence M. Hogan 9256 LSP Name: _ LSP#: Stamp: Telephone: 978-589-3000 Ext.: 3131 1111 OE�1 978-589-3100 Lo to i (� FAX (optional) _ i a Signature: . Hogan u . No.9256 Dale: _— s, e' ' An LSP Opinion is not required for a Utility-Related Abatement Measufs FOg ..r GE, kk III U An LSP Opinion is not required for a URAM Completion Statement O av the URAM Is limited to the axeationvand/aor handling Of not more than 100 cubic yards of soil contaminated by Oil,or net more it=20 cubic yards of soil contaminated either by Hazardous Material or a mixture of Hazardous Material and Oil. K. PERSON UNDERTAKING RAM OR URAM: Name of Organization: Clayman Realty Limited Partnership Name of Contact: John Clayman Title: President, Clayman Realty Corp. Street 804 Hale Street MA 01915 Beverly Farms State;_ ZIP Code: 978-921-1659 ' Telephone: Ext.: FAX: Check here if there has been a change in person undertaking the RAM or URAM. ' Revised 2/24/95 Supersedes Forms BWSC-007, 006, 009 and 010(in part) Page 3 of 4 Do Not Alter This Form ' Massachusetts Department of Environmental Protection BWSC-106 Bureau of Waste Site Cleanup RELEASE & UTILITY-RELATED ABATEMENT Release Tracking Number rMEASURE (RAM & URAM) TRANSMITTAL FORM 212e7 1 Pursuant to 310 CMR 40.0444-0446 and 310 CMR 40.0462-0465(Subpart D) LJ L. RELATIONSHIP TO SITE OF PERSON UNDERTAKING RAM or DRAM: (check one) RP or PRP Specify: ✓I Owner Operator () Generator C) Transporter Other RP or PRP: Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2) Agency or Public Utility on a Right of Way(as defined by M.G.L.a 21E,s.5(j)) Any Other Person Undertaking RAM or URAM Specify Relationship: M. CERTIFICATION OF PERSON UNDERTAKING RAM OR URAM: John Clayman ,attest under the pains and penalties of perjury(I)that I have personally exarrmed and am familiar with the information contained in this submittal,including any and all documents accompanying this transmittal farm,(ii)that based on rtry inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this subMttal is,to the best of my knowledge and befief.true,accurate and complete.and(iii)that I am fully authorized to make this attestation on behaM of the entXy legally responsible for This submittal. lithe person or entry on whose behalf this submittal is made arNls awive that there are significant penalties,including,but not limited to, 4possiblandimprisonment.f 'IRu submitting false,inaccurate,or incomplete information. President, Clayman Realty Corp. _ _ Title: e) n Realty Limit Partnership Date: For:_. (print nacre of person or entity recorded in Section K) Enter address of person providing certification.if different from address recorded in Section K: ' Street:__._ Cily/rown: Stale: ZIP Code: Telephone: ...__--- EA.: FAX(optional) YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS - INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. i 1 1 i 1 1 1 Revised 2/24195 Supersedes Forms BWSC-007,008, 009 and 010(in part) Page 4 of 4 Do Not After This Form i ENSR CORP. REMITTANCE ADVICE FOR CHECK NUMBER 29450 DATED 01/23/02 ' INVOICE INVOICE GROSS DISCOUNT NET DATE NUMBER AMOUNT AMOUNT AMOUNT 01/23/02 RAM FEE 01/23/02 500.00 500.00 1 ' TOTAL $500.00 .........._. . ....... _. __ —...... . 51-44. -/ 119 _ HO: 294% FLEEY BANK ® CONNECTICUT DATE 01!23102 ENSR:COWp. Technology Park Drive - NEf PAY esttord,MA 01886 ,»».fir (i 00 PAY EXACTLY Five hundred and 00/100 Dollars TO THE ORDER COMMONWEALTH OF MASSACHUSETTS 'F DEP ) PO BOX 4062 BOSTON MA 02211 4dd� n•000.29450112 1:0119004451: 67651112 1 1 1 1 1 1 BORINGS LOGS FOR TB-5 AND TB-13 1 1 1 I 1 1 1 1 1 1 1 1 Over 30 Years of Excellence in Environmental Services Projeer: 05555-661-IMBoiring log Clieclient: Public Storage,Inc. EACo Boring Number: TB-5/MWd ' Site Incus: Vacant Parcel ®' Sheer 1 of 1 Well Data 12 Goodhue Street 2 Te hoology Pelt Dnw Ground Elevation: Salem Massachumlls Westford.MA 01886 Weather Sounity 70 F Well Depth: 11' Drilling Method. Nallow-Stem Auger Screen Depth: 1' Frojecr Manager:All.BennetLogged By:M.Odell. Dam Soured 9/19/01 Boring Diameter: 6.25" Screen Length: 10' ' Drifting Co.,." msDrii4r:Smve Dose Finished 9/19/0! S..,Iiog Method: Split-Spoon Winter Depth: - T Depth Ia16Y le BWw Couou(2d') ? [1 g Few ldmuficn400 Desenption OL 6-12 12-18 18-20 f E LL u g 2-Diem er Sciedole W P.V.C. ' 1 Bmmeim Sul _, 3 birY fine to vKdiura SAND sed GRAVPI,t�sill id p-2' Auger Cutting Sw Poor Moist lag 'cook m odor 2'Sc3mLule b P.V.C.Slmseii f� '1 2 2 Well Sane.4Plodoos) !j 3 PsokW m Quash Fl.,Sand E 3 e e black five to medium SAND ad GRAVEL,ore siX 5 pmmle.odor 4FFFFFF Ifl 5 ' 6 blrkfirmmedium SAND eod GRAVEL,tram siX tµ i'J1ll'N�NNIIII 6 ] 5'-T 1 1 2 2 M 16 Poet Mout 1149 Peondoon da,exvmiw sed hide debris lrlllll j�l 1 ])ILII{ ] n.8 5I 8 T-9' T-9' 1 1 2 2 U 18 Poor Mout Sr 9 blrkfim to medium BAND and GRAM.sih �t 10 ' 11 10'-11' W 6N6- 12 12 Pow Wet 868 leum odor,exromm and tidcdcbru, roti {4f 11 Bmomof Bodog B 12 12 RefosdE sassed 12 13 13 1 IS e 5 S 6 16 1] 17 IB IB ' ly 19 TO � 21 21 ' 22 n 23 23 21 26 25 26 2] n 28 28 29 29 30 30 31 31 3232 33 33 34 36 1 15 35 36 36 l I ' Project 05555-661-100 Boring Log Client: Public Storage,Inc. E . Boring Number: TB-1I ' Site Lucus: Vacant Parcel rzv� Sheer 1 of 1 Well Data 12 Goodhue Street 2 T ].,Perk Dtivc Ground Qevotiot: Salem,Massachusetts Wostf.A MA 01886 Weather: Sy 70F Well Depth: Drilling Method: Hollow-Stem Auger Screen Depth: Protect Mmmger:Allen Bemcu logged By:M.Odo]]o Date Stannot 9f=1 Boring Diameter: 425" Screen length: ' Orlllin Comraamr:IDS Driller.Snvc _ - Do.Finished: 9!W/01 Satpling Method: split-spoon Water De tk — Smnple Leis Smpk Brow Covers(2l') Bold ldeurificmion apm Dcpn Nnmbcr Ofi 613 12-18 I8-34 1 TB-13 fle Bae to medima SAND.mmegnm5,fink sin 1 0'-2' AugerC tdogs Sampled Poor Moist 1582 'unkum odor 2 t 3 3 0 4 5 5 ' 6 Bleck fire m medium sAND,roma Brnel.Rai.sin 6 ] S-T 17 21 15 19 1 24 30 Pam Mout 11192 pmukvm odor,eaeudw rA nide debris 7 a lle fim to medium SAND, otne gmvcl,little sin 8 ' 9 7-9' 8 9 12 11 24 20 Poor Mast Mo pcuukunodor,uremiwoAlidcd Lrn . 9 Bkakr mmeekm SAND.mme e"�,uuk.in 10 penono n oder,enemise red hide debris 10 11 18 12 14 24 20 Pam We n 11 ec II Bormma Bod,0 11' eemeel 12 12 No 13 13 1 14 11 IS IS ' 6 16 17 1] 18 g ' 9 19 zo zg 21 21 1 2Z 2z 23 ' 24 u 25 u 26 26 2] 27 28 28 39 39 30 30 31 31 3233 33 33 34 34 35 35 36 36 I 6r ' 1 1 AL, Florence MD,Columbia TX, Dallas ' �® AK,Anchorage 10 MA, 884-92Ai TX, Houston AK,Anchorage MA, Harvard Air Lab TX, Houston (907)561-5700 (978) 772-2345 (713)520-9900 ' AK, Fairbanks MA, Sagamore Beach TX, San Antonio (907)452-5700 (508)888-3900 (210) 590-8393 CA,Alameda MA,Westford WA, Redmond (510) 748-6700 (978)589-3000 (425)881-7700 ' CA, Camarillo MA,Woods Hole (805) 388-3775 (508)457-7900 ENSR International CA, Glendale MN,Minneapolis U.S.A., MA,Westford ' (818) 546-2090 (952)924-0117 (978)589-3232 CA, Irvine NJ, Piscataway (949) 752-0403 (732)457-0500 Bolivia ' CA, Sacramento NY,Albany Brazil (916)362-7100 (518)453-6444 Canada CO, Ft.Collins NY,Metro Area China, Hong Kong (970)493-8878 (914)347-4990 Ecuador ' Ft. Collins Tox Lab NY, Rochester Germany (970)416-0916 (716)381-2210 Italy CT, Stamford NY, Syracuse Malaysia (203)323-6620 (315)432-0506 Mexico , CT,Willington NC, Raleigh Philippines (860)429-5323 (919)571-0669 Turkey FL, St. Petersburg OH, Cincinnati ' (727)898-9591 (513)985-9186 United Kingdom FL,Tallahassee OR, Portland Venezuela (850)385-5006 (503)224-7338 GA, Norcross PA, Langhorne Internet t (770)381-1836 (215) 757-4900 www.ensr.com GA, Savannah PA, Pittsburgh (912)898-0015 (412)261-2910 ' IL, Chicago SC,Columbia (630) 836-1700 (803)216-0003 ME, Portland TX,Austin (207) 773-9501 (512) 336-2425 ' ReW WM1 1 i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A: Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■Print your name and address on the reverse so that we can return the card to you. C. Signature ■ Attach this card to the back of the mailpiece, X Lit 0 Agent or on the front if space permits. '❑Addressee D. Is delivery address different from'Henf1? 0 Yes 1. Article Addressed to: If YES,enter delivery address belbW*l N Nm zwIs -d C/O Lo.WM^C.e._ M. O .JI�INlaC] 21- -rex-L,. Ic jy Pik wLS CY�6 t—.QI f^A Qfgbb 11,- . ServiceType. xICertifiE Mail J 0 Express Mail 0 Registered 0 Return Receipt for Merchandise —'ElInsured'Mailt; .O C.O.D. 3400 000 018 51 66 `J4-Res�kcteiF Delivery?(Extra Fee) 0 Yes 2. Article Number (transfer from service label) PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 UNITED STATES POSTAL SERVICE _First-Class•Maih Postage&Fees Paid usPs -' n 'Permit No G-70— i C !d .. Qr ��.mom..•-�.•_...,. _ _ -...�__ _.. ....a i r • Sender: Please print octb,n e, address�pd.ZIP_ natfiis�4X�� i h i h Salem Conservation COMMISSIOn I. 120 Waftobn street,3rd R Salem,MA 01970 04 Co•a IH,,,,,,iiLL,L„IIL,,,,I►„I,1,�,LL,ILLI,JJ,,,,L11 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 Public Storage, Inc. Same return key. Name Name 701 Western Avenue r'. Mailing Address Mailing Address Glendale CA 91201 City/Town State Zip Cade Citylrown State Zip Code 1. Title and Date of Final Plans and Other Documents: Site Plan For Release Abatement Measure , Clayman Realty 1/02 Limited Partnership, 2 And 12 Goodhue Street, Salem, MA, Sheet No.1 Final Date(or Revised Date if applicable) Title 2. Date Request Filed: February 7, 2002 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): Work related to the remediation and cleanup of contaminated soil and removal of an abandoned concrete UST tank. Project Location: 12 Goodhue Street. Salem Street Address - Cityrrown Map 15 Lot 0300-0 Assessors MaplPlat Number Parcel/Lot Number WPA Fa 2 Peal of RW.02100 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability 3 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 W B. Determination (cont.) The following Determination(s) islare applicable to the proposed site and/or project relative to the Wetlands Prctection 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: i Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw citation Pape 2 of 5 WPA Fenn 2 Rev.02JW 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 W � 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 Riverfront 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). 'See Attached Special Conditions ❑ 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 WPA Farm 2 Pepe 3&5 Rev.02/00 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 (cant.) ❑ 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: applicable sisal / ulafn Exempt Activity(site aPP �'�9 NMvisiow)P ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Cltstiar C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on by certified mail, return receipt requested on 1 a Date DaDe 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 Determination must be signed by a majority of the Conservation Commission.A copy must be send to the appropriate DEP Regional Office(see Appendix A)and the property owner(if different from the applicant). Signature Date —� NFAF f 2 Pp/dS A...MW 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 W 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. WPA Foam 2 Peps 5 of 5 Rw.0 = Salem Conservation Commission SPECIAL CONDITIONS Determination of Applicability 12 Goodhue Street, Public Storage Inc. 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 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. 5. 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 6. If there are conflicting conditions within this Order,the stricter condition(s) shall rule. 7. 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. 8. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 9. 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. 10. 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. PRIOR TO CONSTRUCTION 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. There shall be hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 17. 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. 18. 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. 19. 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. 20. The areas of construction shall remain in a stable condition at the close of each construction day. 21. 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. 22. 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. 23. 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 24. 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. 25. 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. 26. Only clean fill,free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. 27. 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. 28. 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. 29. 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. 30. 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. 31. There shall be no pumping of water from wetland resource areas. 32. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 33. Immediately following drainage structure installation,all inlets shall be protected by silt fence,haybhte barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 34. The project shall not cause an increase in run-off onto adjacent properties, either during construction or when completed. 35. 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 36. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and seeded prior to November I of each year, if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 37. 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. 38. 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. PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDITIONS 49. Stockpiled material shall be located outside the 200 foot Buffer Zone. 50. All stockpiled material shall be inspected on a daily bases to ensure that they are properly covered and maintained 51. Staked hay bales shall be placed around all stockpiled material. 52. A LSP or trained representative and an engineer shall be on site daily to monitor the seawall during excavation of the contaminated soil. UNITED STATES POSTAL SERVI. -ESS^ .. Postage&F ees-Pahl =Berms EB • Sender: Please printynuuiame, address,-and Z1P+47in-tNs-bex' S31eM COnSANafion Co mmISSjgn 120 Washlnpton Street,3rd M Salem,MA 01970 I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. Signature ■ Attach this card to the back of the mailpiece, p q Agent or on the front if space permits. FEB 7 ❑Addressee D. Is delivery address different from item 1? ❑Yes 1.\Article Addressed to: If YES,enter delivery address below: ❑ No v�C. of EhJ.VOhvy,�y�h�-+� Wet,�ar.6Ls r,rg�et wr„�S IN11-1 s W��.� It r3.-Service Ty ,C. �_t� t,.. Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise 7054 39oo ocwob olgrt 51-�-+- Cq-Insured-Mail —p-'.O.D. aaiT 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 1 PS Form 3811, March 2001 Domestic Return Receipt .102595-01-M-142411 hgRM o a oNy oRo�F �� o P�o� � 5� 1 • RO m BOS SITE C/ TON ST LOCATION o _ e` FR ST 0 yoc 0 Concret Apron co� 4/ // GENERAL NOTES m CKI2 r< 1.' .NORTH ARROW AND BEARINGS REFER TO THE MASSACHUSETTS STATE PLANE SC Q �O '� �/ �e COORDINATE .SYSTEM .AND ARE BASED ON PLAN REFERENCE A. Site Benchmork 2. ELEVATIONS AND CONTOURS ARE BASED ON CITY OF SALEM DATUM Q o m 1� / Noll In Pole o E/ev.=15.31' (MEAN LOW WATER DATUM). 0 i 3, LOCATIONS BASED ON FIELD SURVEY BY BL-COMPANIES ON DECEMBER 19-21, 2000. 66Iron Pin (Set) , - 4. PROPERTY IS LOCATED IN FLOOD HAZARD ZONE A (AREA OF 100-YEAR FLOODING) O O� A N P /// / DCa Ip AND FLOOD HAZARD ZONE C (AREA OF MINIMAL FLOODING) -AS DEPICTED . le I ON F.I.R.M. COMMUNITY-PANEL NO. 250102 00018 DATED: AUGUST 5, 1985 Z � �\ 28 FLOOD ZONE UNE DEPICTED IS BASED ON GRAPHIC PLOTTING FROy1 F.I.R.M. MAP. 0 MECOLOCATION MAP / / /// 52 ( \ e+,. ooah` 5. THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY W 0 "srINFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEES z THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN 0 SCALE: 1" 800' 1 / ° ��� \ Borya?So�Pr THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES a / / 9 y NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED/ y \ \� \ ACCURATELYOUGH THEY ARE LOCATED AS SPOSSIBLE� o1100 °o� 200RIVER FROM INFORMATION AVAIILABLE. THE SURVEYOR HAS NOTPHYSICAL PHYSICALLY ° n v �e \ THE UNDERGROUND UTILITIES. THE CONTRACTOR SHALL CONFIRM THE LOCATION FRONT AREA OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF EXCAVATION. fie �r4 \ 100 YEAR 1 Nlr FLOOD PLAIN , \ HENRY P. CLAYMAN & CEORCE S CLAYMAN TRUSTEES OF H & G REALTY TRUST \\ BK. 6354 PG' 232 100 BUFFER Z fro MECO Deteriorated Aspho/t/ TAX PARCEL 16-372 1,/551 Grovel Pavement Surface `\ ZONE TO BANK Re, Q m /V / 4 CLAYMAN REALTY LIN11 ED PARTNERSHIP \ / ` w o = a 8K. 13252 'G. 577 �\ `\ / o " a /CLCB ❑ Wood Post AR = \\ \ TF=1323' Elec. Outlet 102,`311 50.FT. `\ \\ / Bot. Sump= 4' OR 2.3 _f ACRES _ . .._ / .... / _„ _ TAX PA CEL 15-300 raw � \ \\ \\ \ .. \. 11.91 _ ...:. . .. .. ... . .. . ... . .. ... , _ ....._. .. . . .. . , . Parcel 3 per \ FLAN REFERENCES // NETT TitleCommitment \ / 5'e - , \ 12.4 _ // ,�• ' / - - - \ \. \ / " Drill Hole (Set) '- A• THE COMMONWEALTH OF MASSACHUSETTS PLAN OF ROAD IN THE CITY OF SALEM, \ \ ESSEX COUNTY, ALTERED AND LAID OUT AS A CITY HIGHWAY BY THE DEPARTMENT °c // / \ �/ - - - ` \ Con, / \TO.W. l / . ` \ IJ5 Pa 11.62 OF PUBLIC WORKS; Scale: 11"-40% DATED: MAY 9, 1990 AND RECORDED IN PLAN �q / O / \ BOOK 262 AS PLAN 30. V /� _ = / �'\ \ 14.0 B. L.C. PLAN 4496-A DATED MARCH 1913 AND FILED WITH ORIGINAL CERTIFICATE OF oQ• ti / Doterioroted A:;pha/t/ M TF-1'.74 \ \ o� TITLE y1441 CLCB / . // B" Cip\ water / \ Grovel Pavement Surface 14.6 � .� TF-14.40' Inv=70.7n)4" Pvc 0 C. L.C. PLAN //3989-B DATED JANUARY 1919 AND FILED WITH ORIGINAL CERTIFICATE a // - - - \ 0 QJ \ MECO Deteriorated As alt/ raw O OF TITLE /2708. Q St. MH l �U 550 `' / ~ AfECO Grovel Pavement ur/ace / ` � \ tT25 O CU TF-14.22, O /C50-1 / - ' ® o v p K D. L.C. PLAN X3989-C DATED SEPTEMBER 25, 1958 AND FILED WITH CERTIFICATE OF / ' TITLE #27914. IN Filled w Sil i \ -� l , \ Y O Co Z 0 / \ / \ trU 1 5' w E. SITE PLAN OF LAND IN SALEM MASS., SCALE:1"=30'; DATED: JANUARY 4, 1990; Q / 6ru SII-TATION rn M 3 / / 1 sh / r5'// ass �� \ CONTROL `. 'y, a a vaNi 00 PREPARED BY HAYES ENGINEERING, INC. \Q��Q / /. Cr \J / n9 Onc I \ tr.dr O O <'00\ Exst1, 1 -� Taw. Z } � F. PLAN OF LAND IN SALEM MASS., SCALE:1 X30; DATED: JANUARY 17, 2001; ��ff\\ ' PREPARED BY BL COMPANIES, MERIDEN, CT �\ �390T 3T / /� dk1?Coo B u//oi- I: / \ Exis,;ng ° TawQ O a'� d LEGEND o ,� I \, FFEr7q Street / \ . 1 FF y %sty II ,2,2 U 0 W ) 2 \` / ° B/7\Aprol // I E'7?6, 9 , W w r Z T,o.w Gran. .Mon " .. .. .: ... ... pp / 1288 - - Property Cine l (Fd) \j \\ // Nol# I 1 _ a-'LZ W Woter Line l I '\ 1. G' Cos Line / eo Y \ / MHTow \ 13.17 m T Telephone Line avF / I 717=14.91' ) l E Electric Line / I off/ I / L.C. Plan 14496-A � \ � I ..// !J� �o _ -'s Li.! Overhead Wires A / �o Q� I / _ Crease Trop/ Parcel 1 per 0 e O O O Chain link Fence a / T Title Commitment \ / APPRJ 'r1ATE EXTENTJ J` � I Taw Q y NED OF RAJA E CAVATION ''- Zm I cn } Utility Pole W/Light / / CONCRETE UST:c.' ::\ .. . ;, �. W, o Light Pale I / / 4� NET&T / Lot 2 I \ �. ^ W � - 0 L0 / Vo /390-2 L.C. Plan ,/3989-C Deteriorate Asphalt/ 12'9 I F- o CB❑ Catch Basin ) / w/ltlser l \ IH W a -- .. _. I / \e ,y2 Goodhue Street Grovel Pavement Surfcce I h - - - z H"' W O MHO_ Manhole ._ - . L. . . . A / o� // I CLCB Vacant Land 1 ,- .1 .�.:.:.. . W i I TF=12.95' I Tow a �.F- H -/ V , / .N I /36J ® Cleanout // / o I Bot. Sump=6.9' N�F 1 ' f\ to W 0- N W Hydrant / Vr \ (Filled w/Water), , o \ 1990 Lo ut . ` U F N nSFTEPHEN W. HALEY, TRUSTEE - rce/ 2 per y -'1 oN° Water Cote / 49 \ ¢___��F THE E.M.H. REALTY TRUSrT �1 rTit' Commitment \See Plan ReC !A I Q m 000 Gas Gote �� w/R1.1(er \\ - - _B_In / CLCB \ \ \ / j \ - 12.9.. Q - Q I"- = U S/gn �o / (Fd) MR\ \ CERT. NO. 59700/DOC.N0.-2�0130� _ _ 7F=12.31' ) I \t � ' \\ W �_ O0 N G-- Siltot/on Control o� / \ AREA= I _ Inv.=6.8' I o \ �� \ 13.91 N J O V N 1J91 W c < \ \ \ CCB �\ I 1 \ \ G / \ TF= --9.4' 22,083 SOFT. CCB U 1 CCB l I Parc "B" _ CLCB o '- � � Inv--9.4'1 OR 0.507 ACRES TF=1353' ` � TF=1271 \\ N ® a \ \\ _ TAX PARCEL 15-301 Inv=8.4' r 7 ,09 L. Plan o89-B lnv-4.3' \O :: W J Gron, Mon - - \ - ` 1990 Loyou lnv=B.2' I W' Q 0 ��` 1 \=Fd _ o - - _A Chain Link Fence _ \ ��` / \ - n _ Conc. M .(Fd) o W W �� o Conc Wa/k > Conc Walk pron - - - Conc Wo/ CO 191 + �cP coon -t r Concrete p o /II // / / \ \ yCranite\Curb 12 cp pron = _ Rro I `. m=-� 6 r R/ p 0 LL z Q Q \ z \ T?' Rc - _ _ ==` = s o �onite '-Corso Wo/ � Drill Hole `O� O r_ = _- - / \ o \ p _�St MH 30" RcP - St MH I - 36" Rc + - - = _ =Cur- = / ty Q N 1r SOn' {1 / TF=12.98' p (Set ��i / �. r \ oP / -7F=-1356' Bot. Sum =5.0' ! St MH /� ) Q / s \ z ti/ Bot. Sump=5.6' TF=12.89' r{ - \ r.o.w It 5'o o / - ) Bot. Sum =4.7'01( \\ \ 14.66 i J Q w p / 0 /\ s J9-o1'-rs' w 1990 Lo ut B eline - - $ N (Fd) p- 1 / - __ -� -57�1e@y�[24 ani or / , � r•, -ondoned _ - - - _ \ �• Bross Plug (� II 1 y-- - 5 r-S;6eve 24" Sonilory - - - - __- % \` 2' 0/S SteFd)e Lyl m a 8" Woter no - -�\ _ _ 24„ Sanitary T // G // 6" HP Gas / I %i ` - 8" Water _ -1 - �� __ _ ^6=- N Granite Curb / \�- I Granite r� ° pp F //- oleo o�,e� y ME 0 - MECO O sr. 1JJ+4zes- // 'ain�AOO m y 9 # /591 \\ c st. 5+5'4.65 faooenve 5t.) 6�X D' w�Riser w Rlser U Noll (Fd) DRAWING NUM9ER: 9° Bridge Street (Rou to 1 07) a o B� vrb LO (Public - Variable Width) v> 30 15 0 30 60 - di a SCALE: 1" = 30' SHEET NUMBER: GENERAL NOTES / t, ;u r d % c•. SJte Benohmork Noq In Pols y'9rQMo �p 0 fir\ 1. REFER TO OTHER PLANS, DETAILS AND PROJECT MANUAL FOR ADDITIONAL INFORMATION. THE CONTRACTOR SHAD_ VERIFY ALL SITE CONDITIONS IN THE4. rF ji ;; t devc�lraJ1' jf , HELD AND CONTACT THE SITE ENGINEER IF THERE ARE ANY QUESTIONS OR CONFLICTS REGARDING THE CONSTRUCTION DOCUMENTS AND/OR FIELD CONDITIONS �( 0 p O SO THAT APPROPRIATE REVISIONS CAN BE MADE. PRIOR TO BIDDING. ANY CONFUCT BETWEEN THE DRAWINGS AND SPECIFICATIONS SHALL'B CONFIRMED ' ! , R WITH THE LOCAL CONSTRUCTION MANAGER PRIOR TO BIDDING. 2. THE CONTRACTOR SHALL SUBMIT SHOP DRAWINGS OF ALL PRODUCTS, MATERIALS AND PLAN SPECIFICATIONS TO THE OWNER AND SITE EN NEER FOR (t 5' t . ' w i" x N REVIEW AND APPROVAL PRIOR TO FABRICATION OR DELIVERY TO THE SITE ALLOW A MINIMUM OF 14 WORKING DAY; FOR REVIEW. �, r / j r/ i. r. • . '',' eOST "4 SITE 3. THE CONTRACTOR SHALL FOLLOW THE SEQUENCE OF CONSTRUCTION NOTES PROVIDED ON DETAIL SHEET DN-4. r rirIt r t iF•• 01 • U �N S LOCATION ST Companies 4. THE CONTRACTOR SHALL REFERENCE ARCHITECTURAL PLANS FOR EXACT DIMENSIONS AND CONSTRUCTION DETAILS OF BUILDING. g� ARCHITECTURE ,rr. r: r a• %!rC AAAA. ... ,, n. •FrM1. F,�P S. SHOULD ANY UNCHARTED OR INCORRECTLY CHARTED. EXISTING PIPING OR OTHER UTILITY BE UNCOVERED DURING EXCAVATION, CONSULT E ENGINEER NGIN E EERINO . OW STORAGE AREA !v� y PLANNING IMMEDIATELY FOR DIRECTIONS BEFORE PROCEEDING FURTHER WITH WORK IN THIS AREA =l,.y 6. ALL SITE DIMENSIONS ARE REFERENCED TO THE FACE OF CURBS OR EDGE OF PAVING UNLESS OTHERWISE NOTED. ALL BUILDING DIMENSIO IIS ARE1•I J7`� \ CIO '� LANDSCAPE ARCHITECTURE ' REFERENCED TO THE OUTSIDE FACE OF THE STRUCTURE. \ ,_• LAND SURVEYING C �O ENVIRONMENTAL SCIENCES o \ PROPERTY UNE IS CONTRACT N ANALYTICAL SERVICES 7. THE CONTRACTOR SHALL PROVIDE AND MAINTAIN TRAFFIC DEVICES FOR PROTECTION OF VEHICLES AND PEDESTRIANS CONSISTING OF BUT NOT LIMITED 1O /°:f f ! r / LIMIT UNE UNLESS OTHERWISE Q DRUMS, BARRIERS. SIGNS, LIGHTS, FENCES AND UNIFORMED TRAFFIC OFFICERS AS REQUIRED, ORDERED BY THE ENGINEER OR REQUIRED BY THE LOCAL Iti f / \ SHOWN GOVERNING AUTHORITIES r 'i' \ END FULL DEPTH a 356 Research Parkway B. REFER TO DETAIL SHEETS FOR PAVEMENT, CURBING, AND SIDEWALK INFORMATION. o-` CONCRETE CURB Xy r1 Q Meriden,CT 08450 �4 + r \ AT BUILDING CORNER V,�G (203)630-1408 X r / S ! /c S P 9. TRAFFIC CONTROL SIGNAGE SHALL CONFORM TO THE STATE DOT STANDARD DETAIL SHEETS AND THE MANUAL ON UNIFORM TRAFFIC CON OL xn t 0' / 30 SIDE YARD \ t. N,. c ` r �O 0 (203)830 2815 Fax DEVICES. SIGNS SHALL BE INSTALLED PLUMB WiTH THE EDGE OF THE SIGN 2' OFF THE FACE OF THE CURB. / r / l �Oy SETBACK \ kR1NSTACLAIS'ar50'SPNNlED c�.�At.;: r � PMAEXNG AREA AND,90LLARDS'Uo it SA AAD 10. THE CONTRACT LIMIT IS THE PROPERTY LINE UNLESS OTHERWISE SPECIFIED. GRANITE CURB ILDINCr�AStDEPICT®}3�2. !w•vi I At / (4' SWL7?Y 4=4 AT, p AND i r ; f' �Orw. i r N $j CON 11. OSHA REGULATION MAKE IT UNLAWFUL TO OPERATE CRANES, BOOMS, HOISTS, ETC. LWTHIN TEN (10) FEET OF ANY ELECTRIC LINE UNDER SOKV. IF CRETE WALK. MATCH t ; EXISTING CURB REVEAL. AND r`.' r Coy CONTRACTOR MUST OPERATE EQUIPMENT CLOSE TO ELECTRIC LINE(S), CONTACT POWER COMPANY TO MAKE ARRAN GENEN75 FOR PROPER GUARDS WALK WROTH !I r G Y.?/n ARB AT TRASH ENE�OAI�RE. � 12. THE CONTRACTOR SHALL SUBMIT A SHOP DRAWING OF PAINT MIXTURE PRIOR TO STRIPING. t+t^ ! : • Y ` ;^s' / ^ �:' \1NSTN1 34'x}6' coNCRETE PAD LOCATION MAP 13 PAVEMENT MARKING KEY: / / " �,�DR APED1 _ \ \� -J SH EHCLOS RE (SEF DETN 6 . ;!C rr / v\ ;r t;r ._E2- - -- SCALE: 1. 800' 4' SYDL 4' SOLID YELLOW DOUBLE LINE ! ! ! <; t / END FULL DEPTH 'X)NCRETF, ! 4' SYL 4' SOLID YELLOW LINE !r CURB AT TRASH ENCL=RE 4' SW- a SOLID WHITE LINE t< \ 12' SWSB 12' SOLID WHITE STOP BAR + i" 3. �'•�'% + \ 14. PARKING SPACES SHALL BE STRIPED WiTH a SWL; HATCHED AREA SHALL BE STRIPED WITH 4' SWL AT A 45' ANGLE. 2' ON CENTER. HATCHING, i`! j r ±Tat Srrn;r ).9' \ . � qNOW rORAGE AREA SYMBOLS, AND STRIPING FOR HANDICAPPED SPACES SHALL BE PAINTED YELLOW. OTHER MARKINGS SHALL BE PAINTED WHITEi OR AS NOTED. ! !+ ? ! r /r r O •' •� t /61 i ..,,j. 15. THE CONTRACTOR SHALL RESTORE ANY DRAINAGE STRUCTURE. PIPE. UTILITY, PAVEMENT, CURBS, SIDEWALKS. OR LANDSCAPED AREAS DI RBED DURING Y? jjf i /I j � CONSTRUCTION TO THEIR ORIGINAL CONDITION OR BETTER AS APPROVED BY THE LOCAL CONSTRUCTION MANAGER. +t END ORNAM[?ITAL 16. THE CONTRACTOR SHALL PROVIDE AS-BUILT RECORDS OF ALL CONSTRUCTION INCLUDING UNDERGROUND UTILITIES TO THE OWNER AT TH END OF AT FACE OF BUILD NG +I ; ' ,•.. r 4' W ( ) /, ! / ;,rs;:' INS PfUN1ED STOP SIGN CONSTRUCTION. r r �,^ �- / Grill Hate 0901) t 4 r•� SEE DETAIL F AVEMENT ,`'r '•'• •� > +Cone r.nw. 17. ALL CONSTRUCTION SHALL COMPLY WITH PUBLIC STORAGE CORPORATION, THE CITY OF SALEM AND ITS TRAFFIC DEPARTMENTS STANDARD AS Q + z. t, .-t;. r +` I . i!� O STRUCTURES dFlCATIONS � :.ts rt F. IQ j ''! / fir SPECIFICATIONS cJ� !'r! ` + Yv,.Ip I ® ® FOR ALL PA AREAS ON SITEv R f W i8. THE DEVELOPER IS RESPONSIBLE FOR OBTAINING ALL NECESSARY PERMITS REQUIRED BY GOVERNMENT PAINTED WHITE DIRECTIONAL ARROW (TYP.) ' // AGENCIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL OBTAIN DOT AND CITY OF SALEM PERMITS FOR A ^,L.t,tl % t/ J r,/ j' i INSTALL 4501 LF.rrOR AMENTAL FENCE (TYP) WORK WITHIN•ROAD RIGHT OF WAYS. INCLUDING MASSACHUSETTS DOT PERMITS AND SEWER AND WATER '+°° ''4 ' it ! (INCLUDING CANTILEVER AND PERSONNEL GATE CONNECTION PERMITS. THE CONTRACTOR SHALL POST ALL BONDS, PAY ALL FEES, PROVIDE PROOF OF �► 1 X31[ ! ,%� Ir t m INSURANCE, AND PROVIDE TRAFFIC PROTECTION NECESSARY FOR THIS WORK. �� . ' • tF'>•,•i.r.'2'b.... y_... r s0• r_...__.J W 19. EXISTING BOUNDARY TOPOGRAPHY IS BASED ON DRAWING ENTITLED ALTA/AGSM LAND 11T1E SURVEY; ` � ,•N+ ,itl I / ,' R z Dco PROPERTY OF E.M.H. REALTY TRUST / CLAYMAN REALTY UNITED PARTNERSHIP; DATED 1/17/01 BY �•A 0 -•-.-.•-•_____J..f t ;^_ >8q 0 j � Q � BARAKOS-LANDING SURVEY, INC _.l ?< QE I� ' I I 20. ALTERNATIVE METHODS AND PRODUCTS OTHER THAN THOSE SPECIFIED MAY BE USED IF REVIEWED AND .� t j 1:`/ l F ~! "" co APPROVED BY THE OWNER, PUBLIC STORAGE INCORPORATED, SITE ENGINEER, AND APPROPRIATE REGULATORY J `� / r I )ISTALL KEYPAD WITH BOLLARDS AGENCY PRIOR TO INSTALLATION. r �r V J� tr' h•rT'0r ?q, I `, INSTALL PERSONNEL GATE `' T .OR'CANTILEVER GATE (SFE DETAIL) Q = � 21. INFORMATION ON EXISTING UTILITIES HAS BEEN COMPILED FROM AVAILABLE INFORMATION INCLUDING �' ". .t 11 a: UTILITY COMPANY AND MUNICIPAL RECORD MAPS AND FIELD SURVEY AND IS NOT GUARANTEED CORRECT OR Q n¢� i r! ??8g COMPLETE. UTILITIES ARE SHOWN TO ALERT THE CONTRACTOR TO THEIR PRESENCE AND THE CONTRACTOR of i.•: rt f IS SOLELY RESPONSIBLE OF DETERMINING ACTUAL LOCATIONS AND ELEVATIONS OF ALL UTILITIES INCLUDING %! r if "` r ! y I rnw O SERVICES. PRIOR TO DEMOLITION OR CONSTRUCTION, THE CONTRACTOR SHALL CONTACT "DIG SAFE' 72 r / :2s I tr"° D HOURS BEFORE COMMENCEMENT OF WORK AT 1-B88-344-7233 AND VERIFY ALL LOCATIONS QJ I ! ! i:- ! + x (� ;! r 6 182.0' (EXTERIOR DIMENSION) 25 .;h °e+ r^ ,`{• = W 22. PAVEMENT MARKINGS SHALL BE 15 MINUTE FAST DRYING TYPE IN ACCORDANCE WITH DOT i GOODHUE STREET IS r r;` j R15' i o / r� • _ VJ V SPECIFICATIONS. -WAY W THIS AREA r' i R20 I INSTALL CONCRETE f-" ° 04 Q tn., t: r r:' e• WiEFL• STOP (TiP.) i' 23. THESE PLANS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT FOR CONSTRUCTION. NO I INSTALLI'NO LEFT TURN' j 'a' f., + ,, :' aco CONSTRUCTION OR DEMOLITION SHALL BEGIN UNTiL APPROVAL OF THE FINAL PLANS IS GRANTED BY ALL I 'S • SIC�S /r I NO ,C1+ ALL CANTILEVER GATE GOVERNING AND REGULATORY AGE•ICIES {`, y LI111T LIME INSTALL � PARS .. r 24. A DEMOLITION PERMIT IS REOUIRED FOR EXISTING BUILDINGS rr / rLL END ITE CURB /r r 1 s' _ " Q 0 LJ 25 THE SITE IS CURRENTLY SERVICED BY PUBLIC WATER. BEGIN FULL DEPTH r _r ' I ' / 25.00' 8 F BUILDING A �i a r^ END ORNAMENTAL FENCE PROPOS®3-STORY I u1 7:ra h AT FACE of BUILDING N O CON METE CURB If ! r� / PUBUC STORAGE FACILITY 26. THIS PARCEL IS LOCATED AT 2 AND 12 GOODHUE STREET IN SALEM MASSACHUSETTS. THE LOTS AS r11 4''` / 0 ' 1 ! / / FIRST FLOOR 30212 SF RECORDED WITH THE CITY OF SALEM TAX ASSESSOR ARE: BOOK 59700, PAGE 276 - TAX PARCEL 15-301 r r crr / O 1 G ! f ;;_..✓r 9 (TYP. 90,1338 8F TOTAL AL AND BOOK 13252. PAGE 577 - TAX PARCEL 15-300 RESPECTFULLY. THE TOTAL AREA OF THE TWO INSTALL DSR �� / r •rr_^ / / ;< �' ( C • I e::.. . r F PARCELS IS 2.856 ACRES. I AT HANDL RAMP 1 Jr!! `d r,' ° �, s,% ® FEE•1500 20, i h ) ! c S / U 27. THIS SITE IS LOCATED WITHIN A ENTRANCE CORRIDOR OVERLAY DISTRICT - THE PURPOSE OF THIS INSTALL HANDICAP RAMP DISTRICT IS TO AUGMENT UNDERLYING ZONING REGULATIONS IN DESIGNATED AREAS TO A.) PROTECT AND ENHANCE THE MAJOR ENTRANCE WAYS INTO THE CITY, B.) ENSURE THAT SUCH AREAS ARE IMPROVED IN A INSTALL 50± HTEGRAL CONMETE Alf MANNER WHICH IS IN THE BEST INTEREST OF SALEM. THE BOUNDARY OF THE OVERLAY SHALL BE WALJC AND GRANITE CURB /l 1 /, ' // L - - - _ _ _ _ _ _ _ - - y INTERPRETED AS FOLLOWING THE REAR LOT LINES OF THE PROPERTY FRONTING ON THE CORRIDOR. OR BEGIN GRANITE CURB AND ! �o°' _ 1A!JO t.nyntrr---I Q ALONG A UNE ONE HUNDRED AND FIFTY FEET FROM THE CENTER LINE OF THE CORRIDOR, WHICHEVER IS CONCRETE WALK M iCH i r;. K? er' R2, `�� BUILDING SETBACK UNE (TLP.) ---r- J Sen Ptcn Ret: A I ' INSTALL 3 6'x21' CONCRETE LESS. IN THE CASE OF THIS PROPERTY, 150 FEET FROM THE CENTERLINE OF BRIDGE STREET WOULD BE EXISTING CURB REVEAL AND Ir� %,r j ti!' r rzsr j CLIMATE CONTROL p f `r" •.tet LANDSCAPED � EQUIPMENT PAD AND APPLICABLE WALK DTH / I rr,1 o ;t 1 7500 SF OFFICE AREA BOLLARDS 28. NO DEVELOPMENT IN EXCESS OF LEN THOUSAND SQUARE FEET OF GROSS BUILDING AREA SHALL BE INSTALL HANDICAP ACCkSSIB /iF /� ' f �'r 050, SETBACKFRONT ARD PARKING STALL AND P Ipi Ob0 NOT EE�TER' 'STOP' ALLOWED WITHIN THE BPD WITHOUT A BUSINESS PARK SPECIAL PERMIT FROM THE PLANNING BOARD. SIGINS ��(SEE DET ) t �IIi J j� ! ' i Xi",y y, SWISS 29. THIS SITE IS LOCATED WITHIN AN 'A' FLOOD ZONE (AREA OF 100 YEAR FLOOD) AS DEFINED BY FEMA I 'I` J! \ •r+ ', T° 1 IGC '• M t _ r,/t ' l ,. 111 y Y: C ..4 nv 4• +' VISTA 1 LEFT TURN . FLOOD MAPPING THIS ZONE WAS DESIGNATED PRIOR TO THE CONSTRUCTION OF THE ADJACENT NORTH IN5ULL 4x8' SIN NET I NAL>rY4JT 1 " '. \� -rr. rdo,, A 4 r,yy f rf,,, �o..;, .f :,s: :., - I�^AU. DO NOT ENTER SIGN RIVER CANAL NO BASE FLOOD ELEVATION IS ASSOCIATED WITH THIS ZONE. THE SOUTHERN PORTION OF MONUMENT SI QNE - l- r ?..�1r �S 1 ..'l'i' r•' • �•\. ` .h ' !. - ! ) : 'M,y. .. y ?4i•ar+A. WY1ii N.r.'T �,. Y"...4�✓<'" .,'•Rtt'X . THE SITE IS LOCATED WITHIN A e FLOOD ZONE (AREA OF MINIMAL FLOODING). 'y. lot . - J;.r•C.t>'j'.„. ..A�' !7F-z,5-v. STORM WATER DETENTION IS NOT REQUIRED FOR THIS SIZE � ' / "r �z \ + L Fyc, 't i 30. • rr . _ '•-+;: :(;`:`:�?yet » r2 _ 31. ALLPUBLIC UTILITIES ARE AVAILABLE TO THIS SITE (WATER, SEWER, GAS, ELECTRIC AND TELEPHONE) I 3-- t {, ,• J /. I �y,, _ AAAA _._...,- AAAA _ u r i " •'i t;.n )/ f• / U `- __.Ty..._^ y t0' `iy f -! .^,tom•• _ ',,• ,.j5et) ! '` _Cr \ ..i4 �/ IfgJ�' .._....._.... �_ ••t'.'_... ;-�J.� 'k uu+"......., .SI .alt • '1 A ! /O� it / ,• JC ^." C,; L __........._......_..._..........._............... ^....._......_ ...__.._-..._.-_.r.. !/ ,..^..,, t 32. CLEARING LIMIT ONES SHALL BE PHYSICALLY MARKED IN THE FIELD AND APPROVED BY THE CITY OF 1£"sting sof SI n� r ti "" '" '" '.T cQ./ Unt. 5 rr, ,.,b CONTRACT , SALEM AGENT PRIOR TO THE START OF WORK ON THE SITE. ' o F 1 ^f, kc ou R I ia.er i ! K A ,n,....:�...,...-.....• •-..-...�...:5' � &� nF,•.n,... W '.C'rr'•nt rte+ '.CT '>/ �. l'iAC .S'rmnir:w� / \ • " ' ^ ' R ",•AAAA• _ .__..___.. -..,.r.....- ,,, .+� ,•,,, r. '/� . ..' AAAA••^, r r/ J c,T-__ _..._.. _...1 .,;,__,,,:.'efr!. :AAAA... .--- -7^r-�•"`._r._ -... -- - --C. -- _AAAA._ _AAAA . ...n1. +r � E2 ass Pa �Ctnt y- -�--L+�'_d�-"� -' -r- r, y ._._._. -C' "., t;�rS _•__•------__--'..^,-j/ .-.�• _. � .. u 1= ------'�-- 41. `•\. ,r �T X..--•,_ •c -/ _,.,••_'7,•r^_ 1:• _ _._.._..('� � '^.. ,,.r' " � ^•4. - -•AAAA_ ti p, •,,./ rrf'ar! �iidt) ,t ''• / + �. ! ,., .ru.tr„ , «._C.. ___..._..--..-. d W H .n...,.e.f.r,.. .n.«.,n.nn , .n. nn,nn,•.+n•.._. "J,'+• O a AAAA r' ,,.�_•__ _AAAA.. __._. __� .___. _.._._ ._.. _...,_ .._:.. , .. ...:.. ,g*---• _ ,,;ti'',,,,,�, - '!•��,` ' r C r;' .A wart°' �•'� _^ ., I ir.i,l .. BK Iu.rnGRAWITi: CURB / , i`J -.._.,.. ""•.• Vy ly` C':..h'nit 0F14) / Sr I.AS+a7 f"+ / .. (?'.n�, t.,T•., c,, f .. .+.,.,.,,\�,4`.. '+�.,q"fjO'�n i,% , �` N / ,•,. � It ` � to i ZONING INFORMATION St ,Rf5f.E0(Cae?,m S J rm^ ;r w 1 _ to 1 E // .- „• E!r"" ,,, INSTALL NEW CONCRETE WALK �x �J .. � L�•♦.yam// � R %n, ` AND NEW/STOCKPILED GRANITE r. '•. ° Bridge Street (Route 107) CURB TO MATCH EXISTING LOCATION: 2 AND 12 GOODHUE STREET - CITY OF SALEM - MASSACHUSETTS (Public - Variable Width) t END GRANITE CURB h d '"�,`\� BEGIN FULL DEPTH z ZONE: BPD (BUSINESS PARK DISTRICT) WITH AN ENTRANCE CORRIDOR OVERLAY DISTRICT (ECOD) \�_ CONCRETE CURB ::,• ' :, _ .• ?S Designed G.P.F. USE GENERAL WAREHOUSING (PERMITII� USES GRAPHIC SCALE rD0 NO.T.ENTER' . ^ 63• / r DRIVEWAY TO BE EXIT ONLY X NO=LI TURN= .7 Drawn C.A.F. 30 15 0 30 :. 'ANDS S�op'�IGt��')- �' r rChecked ITEM / ITEM REQUIREMENTS PROPOSED VARIANCE BEGIN GRANITE CURB :' ; • r _ 1 Approved R.A.L r4 rrr PARKING INFORMATION SCALE IN FEET BEGIN FULL DEPTH -T~ v END GRANITE CURB -- _ ^' - 1 MINIMUM LOT AREA 40,000 SF 124,394 SF NO - Scale 1'-30' 1 t� � � CONCRETE CURB � ••R=1p � r••) ✓ 10 1 Protect No. OOC862 ;: R-1 - n 2 MINIMUM LOT WIDTH 150 FEET 329+ FEET NO ITEM # ITEM REQUIREMENTS PROPOSED VARIANCE SIGN INFORMATION 11/21/01 P - - ~ ""-"" CAO File s c86201 i Date 11 21 01 � '_ 3 MAXIMUM LOT COVERAGE 45 PERCENT 24.2 PERCENT NO i PARKING 1EQUIRED BY CITY PER PLANNING BOARD 8 SPACES NO BEGIN GRANITE bAB, _BEGIN GRANITE CURB_ _ (e STANDARD - 2 HANDICAP) --END. GRANIII LURH - litre 7.27 FEET ('TONER COLUMN) ITl]M �I ITEM REQUIREMENTS PROPOSED VARIANCE, '-END-GRANI.TE..CU$B_ 4 MINIMUM FRONT YARD 50 �T 10.0 FEET (AT WALL) YES 2 MINIMUM PARKING DIMENSIONS 9' WIDE / 19' LONG 8' WIDE f 19' LONG NO BEGIN FULL DEPTH ,,BEGIN fULL 5 MINIMUM SIDE YARD 30 FEET 49.81 FEET NO FREESTANDING SIGNS 25 FEET 6 INET NO ! CONCRETE CURB CONCRETE CURB S Site Plan 3 MINIM M AISLE M1D1H 12' (ONE WAY TRAFFIC) 20' (ONE WAY TRAFFIC) 24' (TWO WAY TRAFFIC) 24' (TWO WAY TRAFFIC) NO MAXIMUM 'DO NOT ENTER' SIGN I I ��q 1 SIGN LEAST DIMENSION OR E1 6 MINIMUM REAR YARD 50 FEET 100.42 FEET NO HEIGHTS26 FEET YES BRIDGE STREET EXIT DRIVE o 4 MINIMUM FRONT SETBACK NONE REQUIRED 40 FEET NO WALL SIGNS 25 ABOVE GRADE 7 MAX. HEIGHT OF BUILDING 50 FETE 40 FEET/3-STORIES NO TOP OF BUILDING SILL Of WINDOWS 2nd STORY DING SCALE: 1'-10' 5 MINIMUM SIDE SETBACK NONE REQUIRED >100 FEET NO ' Sheet No. 6 MAX. HEIGHT OF FENCES 10 FEET (BPD) B FEET NO FREESTANDING SIGNS 65 S.F. 32 S.F. NO _- 9 REQ. BUFFER FROM RESIDENTIAL 75 FEET N/A NO 6 i MINIMU REAR SETBACK NONE REQUIRED >100 FEET NO MAXIMUM FOR PERMITTING ONLY 2 SIGN 2 S.F. FOR EACH FOOT OF BRIDGE ST. FRONTAGE NO ��-� BUILDING FRONTAGE: 171 S.F. $ 1D OPEN SPACE REQUIREMENTS 10 PERCENT 51 PERCENT NO 7 MINIMUM INTERIOR LANDSCAPING NONE REQUIRED 3,000± S.F. NO AREAS WALL SIGNS BRIDGE ST. - 444 S F. GOODHUE S T. FRONTAGE: NOT FOR CONSTRUCTION GOODHUE ST. - 272 S.F. 171 S.F. THESE DRAWINGS SHALL NOT BE UTIUZED BY ANY PERSON. FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES • >7 I . I 1 ygRMpNY ��� 0 5� cRC�F Ro o �P�O 9_0 GE S� . LA e0 -' SITE 6U STON Sp LOCATION FR ST 9� cb °c` •�° Concret9 sT / Apron GENERAL NOTES_ M 1. NORTH ARROW AND BEARINGS REFER TO THE MASSACHUSETTS STATE PLANE Q v Oco COORDINATE SYSTEM AND ARE BASED ON PLAN REFERENCE A. any c`c Q� iJG roc Site Benchmark 2. ELEVATIONS AND CONTOURS ARE BASED ON CITY OF-SALEM DATUM o Not! In Pole 1(MEAN LOW.WATER DATUM). E/ev.=15.31' ) 3. LOCATIONS BASED ON FIELD SURVEY BY BL COMPANIES ON DECEMBER 19-21, 2000. C66 Iron Pin Set o re (Set) 4. PROPERTY IS LOCATED IN FLOOD HAZARD ZONE A (AREA OF 100-YEAR FLOODING) AND FLOOD ,HAZARD ZONE C (AREA OF MINIMAL FLOODING) AS DEPICTED N Sr / ON F.I.R.M. COMMUNITY-PANEL NO. 250102 00018 DATED: AUGUST 5, 1985 s2e FLOOD ZONE LINE DEPICTED IS BASED ON GRAPHIC PLOTTING FROM F.1.R.M. MAP. o LOCATION MAP \ / / �,/ Ln MEC 4a, C°oyh` 5. THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY w I oc // srP INFORMATION.AND EXISTING DRAWNGS. THE SURVEYOR MAKES NO GUARANTEES O>@r Z THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN F SCALE: !* r 800' / / 4� \ °'�a, sr eT THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES 1 / /° NOT,WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT � xc ' O/ / `� \\�°6�a° \ \ 200' RIVER Ln FROMLOCATION INDICATED THOUGH THEY ARE LOCATED INFORMATION AVAILABLE. THE SURVEYOR HAS SNOT CPHYSCAL Y LOCATEDURATELY AS w // I `r° \ r'o� \ THE UNDERGROUND UTILITIES, THE CONTRACTOR SHALL CONFIRM THE LOCATION °° P FRONT AREA OF ALL UTILITIES PRIOR TO THE-COMMENCEMENT Or EY^.. AVA.TION, 100 YEAR �\ I \ - HENRY P. CLAYMANN&GEORGE S CLA'(MAN FLOOD BLAIN \ \ TRUSTEES OF N t G REALTY TRUST PP 6354 PC. 232 o Vr� / MECO Deteriorated Asphalt/ i \ TAX PARCEL 16-372 10O BUFFER z Grove/ Pavement Surface \\ \ \ ZONE TO BANK / l \ ti m m \�a N/F `` `*� - _- - - it z x x Y x o x A �V / CLAYMAN REALTY LIMI ED PARTNERSHIP o o a BK. 13252 G. 577 \ \ \ a /CLCB ❑ Wood Post AR = \\ l / TF-13.23' Elec. Outlet 102,311 SO.FT. / Bot. Sump= 4.. OR 2.3 f ACRES � \ . .TAX PA CEL 15�-300 \ \ \ Tow I / Parcel 3 per \\ \\ \ PLAN REFERENCES // N4 T \ ` Title Commitment \ 12F, / - - \ \ \/ `Drill Hole (Set) A. THE COMMONWEALTH OF MASSACHUSETTS PLAN OF ROAD IN THE CITY OF SALEM, C \Tow ESSEX COUNTY, .ALTERED AND LAID OUT AS A CITY HIGHWAY BY THE DEPARTMENT oc // / \\ \ �/ \ - - - - \\ fes pan 1;.62 OF PUBLIC WORKS; Seale: 1'=40'; DATED: MAY 9, 1990 AND RECORDED IN PLAN / \ x BOOK 262 AS PLAN 30. C, - i / \ u.0 B. L.C. PLAN 4495-A DAZED MARCH 1913 AND FILED WITH ORIGINAL CERTIFICATE OF // ` _ -SCZ2. 7 // \ ,� Deteriorated Aspha't/ \ 00 TITLE 144 CLCB // B` Cip\ wit'r , Grovel Pavement Sun'ece 14.6 07 r TF 14.40' / // \ `1w Inv=10.2'(O�� \ V Inv=10.7'(1n)4" Pvc C. L.C. PLAN #3989-B DATED JANUARY 1919 AND FILED WITH ORIGINAL CERTIFICATE a // ' - - - - \ \ Wcn MECO Deteriorated As alt/ \ \ Taw > F0_ O OF 1111E y2708. / 550 St. 22 �J p MECO Grovel Pavement urtoce / \ 1x.26 F'Li p O TF=14.22' /550-1 / - �` \ ® ij p tr D. L.C. PLAN X13989-C DATED SEPTEMBER 25,,1958 AND FILED WITH CERTIFICATE OF / / l o o O rn TITLE #27914. �Q1 Filled w Sil - / J. L = M O w Brush `\ I SILTATION E. SITE PLAN OF LAND IN SALEM MASS., SCALE:1"=30'; DATED: JANUARY 4, 1990; �Q / I / T \. I d N 00 PREPARED BY HAYES ENGINEERING, INC. Q) / / / \ .- °// CrosS i �� CONTROL ?' Z r m - \ £xis I - \ I� Taw w O Q^ F. PLAN OF LAND IN SALEM MASS., SCALE:1"=30'; DATED: JANUARY 17 2001; `^v / ei'? O l T a O � °p \ l NET& / Bri- ne Star \ O 00 PREPARED BY BL COMPANIES, MERIDEN, CT a / / / //390-3 /\ P? roots ui/dig9 1 / \ \ Fxistin I m Q O rj CO a r O V / / i \\ FFF�t4 O Street // \ \ Woe Bd St y, I i7 f1 :§; 2 O w 2 LEGENDo ° Aproll ` / \ II FFF`t?6 n9 ; 1 T'2°owe LLJ LLI (/1 = ¢ Property Line l / Cran. Mon I \ = / PPala / To.w Z N d L ' (Fd) \ \. \ `. / N0 * j / 1268 I'1' .Water Line l I '\ J G Cos Line ec Y \ / MH I \ I 3.17 c T Telephone Line aaF I TF=1.4.91' £. . E/eclnc Lme /I coj .. I l L.C. Plan ,}4496-A , \� I /' ,. O� �m W O - Overhead Wires p° I oF�° I / \ rease Tro / / l / 12. O .� Q - P , Parcel 1 per \ / / ^h nw Ln 0 0 o aA 0 e� / ' i ' /I rrr/e Commitment �+ " ,, APPROXIMATE EXTENT h To.w � c/) 0 Chain Link Fence l / yi v1 - e utility Pole �9 / / - ABANDONED OF RAM EkAVATiON 1140 W V) z �-0 Utility Pole W/light I / / / CONCRETE UST \ ;, .� � I Light Pole I / Jd NETT Lot 2 I \\ I 129' W F- O U) CB 11 Catch Basin /380-2 L.C. Plan 3989-C \, . - Deteriorate As holt I Z W a I l v ' >% w/Rlser l h I P / , Cb Z f- W LO I �z {2 Goodhue Street Gravel Pavement Surtor,,e h W MHO Manhole 1V / / `oc. / ,� i 7F- CLCB Vacant Land I Taw a � Q 12.95' :. Q. Bot. Sump-6.9' N F I to be) O Cleanout / / / � , / .. I � 1x.63^ WW 0 Hydront / / G� I\ (Filled w/woter), STEPHEN W. HALEY, TRUSTEE � �° I rce/ 2 per � \ . 1890 Layout--I ` J Q W � ¢ - -�� \ I\ Tit/ Commitment I \See Plan Ret. A I Q � o"G Water Cole ! \ - -_�F THE E.M.H. REALTY TRUSrT� m W Q oGG Cos Cote a` w/RI�er \ - , �,8" Crn / \ \ _ \ \ 12.9K Q F- = U �- Sign �� / (Fd)Gran. Min \\ CERT. N0. 59700/DOCp N0.-2�0130� CLCB TF=12.31' \ I \\ / / i \\ LTJ Q (n c / \ I Inv.=6.8 I \ Taw J Siltation Control �o \ CCB AREA= ` - \ 0 - - \ 13.91 < Q N N \ \ i Q Q \ I _ 22 083 S .FT. o I \ � O / \ TF-13.67 cce \ \ - CLCB_ W �- a \ lnv=9.4' OR 0.507 ACRES TF=13.53' � V I CCB / I Para B` \ TF=1271 \\ en. eV 0 4 \ \\ TAX PARCEL 15-301 Inv=8.4' I _,13.09' L.C. Plan 989-8 Inv=4.3' �. W J \ Gran, Mon - _ 1990 Loyvu Inv=8.2' I Q II l I I \ (Fd) \ o n Chain Link Fence� Conc. M .(Fd) 0 /� W 0 W /0 11Conc Wolk > Conc Wo/k prop Conc Wal 0 , Q \ R _ #Granite Curb _ 1G. cp CA rete - ' � ` CO 591 _ - �/ opo L� a O \ ` z \\ 1?"Rcp ��� _ _ =30» Rcp_' = _ -� St MH - _ ��_ __ _ �onite Cur Conc Wo/k� / Drill Ho/e sr Z / /I an• \ � ' St MH I 36" �cp a - - - - o� Q } N TF=12.98' (Set) -TF=13.56 1 Bot. Sum =5.0 _ St MH / Z .��(tc% Bot. Sump=5.6' v TF=12.89' r-{r - \\ To.w J O T BOE. Sum -4.7' 14.66 Q O i w snu>4fn _ ? - 0,/� s 39. 01' 06' w 1990 Layout B eline $ N (Fd)7A Ir , p= J M � - -5 le j24 ani or i_ / \ \� Bross Plug (Fd) - (� II 11 i �r -- I� 4 c 57" Sleeve 24" Sonitory - - - - - \ 2' 0/S Streetline W u1 r SonitorYi / I 8" Water _ - - - 7 8" Water / - �.(� �b- - - V) 24" 1 ,/ G 6" HP Cos � �" _ - / - -- - 6. E E _ _ - d „ Granite Curb / / % - / I , pp / �I I Granite r -- = o - - ' ry�. ,,wo • - . II L o s1. u5+,z6s- No 49 alb tor 0- 2 D4" tea oie1 ' �" w Riser w 'Riser $91O `: CI \\\\ \ \ Qy. Noll (Fd) DRAWING NUMBER: St. 5+54.68 (Goodhue SI) // - �QX or o 0o r lJire 6 Bridge Street (Rou to 1 07) "°a?o ' 2 6•yp 2 in 11111 (Public - Variable Width ''C 0°s n 30 15 0 30 60 w SCALE: 1 " = 30' z SHEET NUMBER: J yARMo e° 0 5� Ny cRO�F RD ° 0 e� e0 I SITE 6U CF SpON Sp LOCATION 3 - 3°¢` RST 5� 0 41 ' OOnP�i n 9 GENERAL NOTES 1. NORTH ARROW AND BEARINGS REFER TO THE MASSACHUSETTS STATE PLANE ` \e COORDINATE SYSTEM AND ARE BASED ON PLAN REFERENCE A. �� ( ' Site Benchmark.fly c Q /� ,� 2. ELEVATIONS AND CONTOURS ARE BASED ON CITY OF SALEM DATUM 0\kV Not/ In Pole o LL Vr Vev.=15.31' (MEAN LOW WATER DATUM). r �O OP 3. LOCATIONS BASED ON FIELD SURVEY BY BL COMPANIES ON DECEMBER 19-21, 2000. C 6iP Iron Pin Set O �A A // 06 ( ) 4. PROPERTY IS LOCATED IN FLOOD HAZARD ZONE A (AREA OF 100-YEAR FLOODING) O N o^ 1��° AND FLOOD HAZARD ZONE C (AREA OF MINIMAL FLOODING) AS DEPICTED SrIPAS / / ° / ON F.I.R.M. COMMUNITY-PANEL NO. 250102 00018 DATED: AUGUST 5, 1985 z / J \ ea2B FLOOD ZONE LINE DEPICTED IS BASED ON GRAPHIC PLOTTING FROM F.I.R.M. MAP. 0 MECOLOCATION MAP \ / /// #552 I B+'Sr,�°Oahv 5. THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY w / e ^¢ 9 e INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEES SCALE: 1" 800' / / / epv \ \ \ 4'C"0> S�^PPS THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN o / a C' ; THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES 9 y NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT Ce LOCA0 / 0/ / !p \\FOu�aa \ ' FROMTIINFORMATIONON DAVAIILABLE. THE SURVEYORTHOUGH.THEY ARE �HASSNOTCPHYSCALLY LOCATEDURATELY AS N I o 200 RIVER o °o / /// G� \ oXR°� \ \ THE UNDERGROUND UTILITIES. THE CONTRACTOR SHALL CONFIRM THE LOCATION "1 FRONT AREA OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF EXCAVATION. %s 50 0C \11, 100 YEAR N/F FLOOD PLAIN 1 HENRY P. CLAYMAN dr GEORGE S. CLA WAN TRUSTEES OF H & G REALTY TRUST o No \\ \ BK. 6354 PG. 232 100 BUFFER z MECO Deteriorated Asphalt/ \ TAX PARCEL 16-372 Grovel Pavement Surface \ ZONE TO BANK ! // / /• / cu \\ \ y P // oho hoc¢ \ \ \ ` \ \ m } m m \ o m �° o°D N/F ` \� \ / X X o X o X CLAYMAN REALTY LIMI ED PARTNERSHIP \ // w o = a BK. 13252 G. 577 \ \ o " < /CLC& ❑ Wood Post AR = \ \\ TF-13.23' Etec. Outlet 102,311 SOFT. / Bot. Sump= 4' OR 2.3 t ACRES \ 0 TAX PA CEL 15-300 \\ \\ \ raw / Parcel 3 per PLAN REFERENCES \ \ // N,4 T Title Commitment \ 12.4\ / \ Drill Hole (Set) A. THE COMMONWEALTH OF MASSACHUSETTS PLAN OF ROAD IN THE CITY OF SALEM, \7Ow ESSEX COUNTY, ALTERED AND LAID OUT AS A CITY HIGHWAY BY THE DEPARTMENT o° // l \ \ �/ \ - - _ ` \\ 1zs pan r1a .62 OF PUBLIC WORKS; Scale: 1'=40'; DATED: MAY 9, 1990 AND RECORDED IN PLAN Gp Q // ° ` _ i / \ x BOOK 262 AS PLAN 30. // \ \ \ \ 110 \ � '� -� MH \ Deteriorated Aspho/t/ \ -� ' (0 B. L.C. PLAN #4496-A DATED MARCH 1913 AND FILED WITH ORIGINAL CERTIFICATE OF // B• water TF=1376 \ \ �_ 00 TITLE #1441 CL Ce / Cip � / \ Gravel Pavement Surface u.s 00 _ �he In v-10.2'(Ou ) y� TF=14.40' // - _ - - - _ Inv-f0.7'(tn)4" Pvc \ \, C. L.C. PLAN #3989-8 DATED JANUARY 1919 AND FILED WITH ORIGINAL CERTIFICATE OF TITLE #2708. �� St. MH l \ M550 Deteriorated As o/t/ \ raw •O wN \ MECO Grovel Pavement urface / \ 11.28 O 0 F=14.22' O ,#550-1 / _ - _ ® � w D. L.C. PLAN #3989-C DATED SEPTEMBER 25, 1958 AND FILED WITH CERTIFICATE OF ` 0 QJ Filled w Sil f\ TITLE #z7s1a. _ _ _ � / � ooZ (� 0\ a\ I SILTATION v ' o Lj E. SITE PLAN OF LAND IN SALEM MASS., SCALE:1"=30'; DATED: JANUARY 4, 1990; / I Brush ass \\ I \/ CONTROL `.' z r < C) tr in PREPARED BY HAYES ENGINEERING, INC. \\Q) ��O / / J I T°// Cr \ TO.W F. PLAN OF LAND IN SALEM MASS., SCALE:1'=30'; DATED: JANUARY 17, 2001; �`^v /ETdcTck9 One 57 ) \ 1\ I 0 11.87 X 0 O M °o° L0 PREPARED BY BL COMPANIES, MERIDEN, CT V / / / /kf390-3 /\ f7p Go Bui/om (or l \ fx/sti I T.o.w �v a -0 o a O 0 / I \ IC,4hue St ee f / \ 1 IS'a°d �/e Sr I 1212 Z Z Of 2 LEGEND 0 \�� . / /O B+ Apron \ \ O' / Ff- `B ding y I w W O O m (^ \i .Q / \ p I E-1?6. / raw 12.06 F- t- x Property Line I� / / Gran. on \\\ No l I // 1 a ew Z 04 3 a- w w = < K Water Line / 1 / \ I 1 C Cos Line T.0.W. T Te%phone Cine T ge MH \1 i // 1J 1T v TF=14.91'1 / ` •� E Electric Line /'/ o / c°J� I ) L.C. Plan ,#4496-A \\ I / !J� `° W O • - • - • - Overhead Wires �° /I aFP°c I // \ �Greose Tro P l' Parc / l / � O el 1 per \ / / 12. ^ o :D tr Ln O O O Chain Link Fence 'v \ l Title Commitment \ y,l h U) d m I Utility Pale c4�' i // \ \ \ �/ ABANDONED \ / APPROXILA ATE EXTENT raw N � 01-0 Utility Utility Pole W/L;ghr + CONCRETE UST \\ OF RAM E?�CAVATION q44 w U r Light Po/e / NET&T Lot 2 \ 1 <1• h � � 0 L0 CB 11 Catch Basin ) gyp, /390-2 / L.C. Plan J3989-C Deteriorate' Aspholt/ 12'9 1 ~ Z W a LO pp o \y w/Rlser y2 Goodhue Street ' Grovel Pavement Surfore I Z F " W MHO Manhole / / ���/ . CLCB ✓aconf Land I 1 .1 W tY W F' O ® Cleanout / / / ��° / / I TF=12.95' I 1 I /J 6J `�7.0 w � Q �W l / o°I 1 Bot. Sump=6.9' N/F I u1 W Q (n �r (Filled w/Woter)� O I I - H-- N o WoteonCate \ STEPHEN W. HALEY, TRUSTEE _ _ - rcel 2 per \ 1990 Layout---1 n / \ ¢____� THE E.M.H. REALTY TRUST- \ \ 11 Tit/ Commitment I \See Plan Ref A I 0 m Occ Gas Cote `� w/Rl�er \\ '8-Cn'P / CLCB \ � \ J / \ 1z.s Q Q h-. = U Gran. Min I \ _ Q Sign �m Fd \ CERT. NO. 59700 DOC. N0.'2�0130_ rF=12.31' ' \_ _ i \ W �_ (/) -v- Siltation Control `pp / ( ) \ \ CCB AREA= _ - \ Inv.=6.8' ) 0 \\ - - J _ \ TO. F=13.67' 22,083 SOFT. \ � a I I _ \` �\ \ 1 1J.91 QLLJ J Q N Inv=9.4' OR 0.507 ACRES TF-1J \ \ l Parc B" _ CLCB W J \ ti \ \ _ TAX PARCEL 15-301 Inv=8.4' CCB / I L.C. Plan 989-8 TF=1271 a, \ Gran, Mon _ - _ 1990 Loyou r J3.09' Inv=4.3' �O A+a N � � l'a Inv=8.2' � � Q �•- O II l ��+ I �0 (Fd) - - - Chain Link Fence - \ _ Al .(Fd 0 / w LLJ / \ Conc. ) II Conc Walk > - - - a' Concrete Conc Wolk Aron Conc Wal CO 591 1 \ V, °>� Z \\ yCronite Curb _ 12• cP Apron _ _ Era _ _ _ _ - - Co `5ro / " PP Q Q o \\ r2,Rcp � = _ =3o" Rcp- _ _ _ - =\ St MH �t __- - _ _ - _ onite Cures n� Wo/k /Drill Ho f W Q N l N to / St MH l 36" �c - e - 7F=12.98 p~ a (Set) °% Z -7F=1-3.56' Bot. Sum =5.0 Sf MH /\ Q ���/ Bot. Sump=5.6' TF=12.89' _ �\ T.o.w O /\ S J9'-OP-08" W T - - V Bot. Sum =4.74 11.66 J Q 1990 Layout B eline _ a N (Fd) P- \ \ w _57 Sle@yg724oni _ - _ _ o- ed /- \\ \ Brass Plug (Fd) W () N X11 57" Sleeve 24"Sanitary- r - _- _ - _ _ - \_ _ - _ 2' 0/S Streetline / T _ 24" SOnitary� / G / B" Water ' 8" Water - - _ 6" HP Gas _ � f E Granite Curb / / � / � Granite l 0 / Poe /� TOOe �� � EE __ - - _ _ O , ,# -, a °%° M5 � i � St. 135+4765- roin� I m / y91O \\ \ a ` toren D� 'W er w Rlser Noil Fd St. 5+54.68 (Goodhue St.) ( ) DRAWING NUMBER: Bridge Street (Route 07� °°C, s.ypb 1.0 1116 (Public - Vorioble Width " 9 gas 2 30 15 0 30 60 a SCALE: 1 " = 30' w SHEET NUMBER: J -- li _