64-186 - LORING AVENUE - CONSERVATION COMMISSION NoT,C-c- ol: z-�A„ - coq— l�(9
310 CMR 10.99
Form DEP Re No. l 64-186
."
(to oe orwwea W DEP)
_ = - ciN,TownSa1em
Commonwealth
=' of Massachusetts ADolicant Town of Marbl.ehead/MWRA
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
From Salem Conservation Commission
TCMassachusetts Water Re Cnilrrlq zz
(Name of Applicant) (Name of property owner)
=t
AddressCharlestown Navy Yard Addresswa+o ,...,..-
r and c _ _ _1- W
00 First Avenue P .O. Box 1108 CD
Boston, Q�B�� Marblehead
This Order Is ssued an eli r s follows: MA 01945 0
oy hand delivery to applicant or representative on (date) w
w
YC by certified mail, return receipt requested on (date) F-
This orolect is located at
The property is recorded at the Registry of Essex
Book N/A Page N/A
O
O
Certificate(if registered) N,/a O
Cn
The Notice of Intent for this project was filed on - (date)
CO
The Dublic hearing was closed on Mav 10 1 990 (date)
Findings
The Cnm ; ss ' has reviewed the above-referenced Notice of
Intent and plans ano nas neld a public hearing on the project. Based on the Information avallaole to the
CnFpR i s sen at this time. the Cnmm; G G i c,"_has Determined that
the area on which the proposed work is to be done Is significant to the following interests in accordance with
the Presumptions of Sioniticance set forth in the regulations for each Area Subject to Protection Under the ,
Act(check as appropriate):
Public water supply ❑ Flood control 13 Land containing shellfish
Private water supply ❑ Storm damage prevention C3 Fisheries
LGround water supply ❑ Prevention of pollution Protection of wildlife habitat
Total Filing Fee Submitted $55 - 00 State Share _
City[rown Share $40 . 00 (1/2 fee in excess of S25)
ictal Refund Due S City/Town Portion S State Portion S :..
(1/2 total) (1/2 total)
Effective 11/10/89 0-1
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Operator
� AMPAD REORDER
s EFFICIENCY® pea-aoo
Therefore. the hereby finds that the following conditions are
necessary, in accordance with the Performance Standaras set forth in the regulations. to protect those inter-
ests checked above. The G.ffiffti3sief,
orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the Plans, specifications or other proposals submitted with the Notice
of Intent. the conditions shall control.
General Conditions
1 . Failure to comply with all conditions stated herein. and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury
to private oroperty or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes, ordinances.by-laws or regulations.
4, The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as Provided for in the Act:or
(b) the time for completion has been extended ears, but less than
to a specified date more than three y P
five years.from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
uoon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill,containing no trash. refuse, rubbish or de-
bris, including but not limited to lumber. bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators.motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land. the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done.The recording information shall be submitted to the Salem Conservation Comm.
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words."Massachusetts Department of Environmental Protection,
File Number 64-186
10. Where the Department of Environmental Protection is requested to make a determination and to issue
a Superseding Order.the Conservation Commission shall be a parry to all agency proceedings and
hearings before the Department.
1 1 . Upon completion of the work described herein.the applicant shall forthwith reduest in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
1 , The work snail conform to the following plans ano special conditions:
5-2
;a.
Plans:
Title Dated Sroneo and Stamped M: On File with
Well Location Map 4/12/90on
Leggs Hill Site/Salem ommission
Special Conditions (Use additional paper if necessary)
See attached
._ ................... .... ... _......... _ _................. ...................................... ........ _..... .... ._ ....._
(Leave Space Biank)
i
1 '
D-3A
Issued By
Salem Conservation Commission
r
iqn—a-rbr Is
67
This Order must be signed by a majority of the Conservation Commission.
On this c7 E✓// 71 day of GLS/ 19before me
personally appeared . to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he!she executed
the same as his/her free act and deed. ^ h Q
No ry ubli My comm sion expires
The apmrral the wnec any person aggrieved by this Order.any owner of land abutting the land upon which the proposes work is to be
1
sone,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the Department of
Environmental Protection to issue a Superseding Order, providing the reouest is mage by candied mail or hand delivery to the Department,
with the aoproonate filinc fee and Fee Transmittal Form as provided in 310 CMR 10.03QI,within ten days from the care of issuance of this
Determination.A OODY Of the request small at Ins same time off sent by certified mail or hand Delivery to the Conservation comn95slon
and the az i¢ant.
Detach on dotted line and submit to the prior to commencement of work.
-0 :ssu:nc Aumorov
Please oe advised trial the Order of conditions for Ins project at
7�ie Numbe, rias peen recorcea at the Reorstry Of and
has been noted in ine main of line of the aftecteo orooerty in acccroance with General condition 8 on , 19_
If recorded land. the usssvment number whim rdenbfrea mrs bd CUM n
It registered and.the document number which identifies this m arisaction is
..A'.a'l:.'e Acoi,cant
5-4A
Special Conditions MWRA/Town of Marblehead
Five Day Pump Test
1 . All work shall conform to the above-referenced Notice of
Intent documents and plans . Any change made or intended to be
made in the approved plans shall require the applicant to inquire
of the Conservation Commission as to whether the change is
substantial enough to require a new filing.
2 . During operation of the pump test, the drop in water level of
Leggs Hill Pond shall not exceed a total of six inches within a
twenty-four hour period nor a total of twelve inches over the
entire five day test period. Testing shall be terminated
immediately if the drop in water level exceeds these specified
levels . For the purpose of measuring drawdown, the surface water
level in the pond shall be level at the time of the start of the
pump test . The water level information shall be provided to the
Commission within a twelve hour period.
3 . Prior to commencement of the test, a six foot barrier of
haybal.es shall be placed three to four feet from the generator
and shall surround the generator on those three sides facing
Linden Avenue, in order to mitigate excessive noise .
4 . To lessen impacts to wildlife species, the pumping test shall
be conducted during spring, summer or fall months only .
5 . Prior to commencement of the test, haybales shall be
installed in an amount and manner that will diffuse pump
discharge within twenty feet of a wetland in order to prevent
erosion of the buffer zone and bordering vegetated wetland area,
which discharge area shall be designated on the plans and which
area shall be more than twenty feet from wetland.
6 . Servicing of equipment must be done outside the buffer zone
to the resource area . Equipment must be maintained to prevent
leakage or discharge of pollutants . Overnight storage of
equipment must be no less than 100 feet from the wetland
boundary .
7 . Members and agents of the Salem Conservation Commission shall
have the right to enter and inspect the premises at all
reasonable and necessary times to evaluate compliance with the
conditions stated in this Order, and may require the submittal of
any further data deemed necessary by this Commission for that
evaluation .
8 . Notice shall be given to this Commission no more than two (2 )
weeks nor less than two ( 2 ) days prior to the commencement of
activity . Said Notice shall include the name (s ) , address (s ) ,
business and home phone numbers of the project supervisor( s ) who
will be responsible for insuring that operations are in
compliance with this Order .
9 . Upon completion of testing, the applicant shall submit with
their request for a Certification of Compliance, an affidavit
prepared by a professional engineer duly registered in the
Commonwealth of Massachusetts, stating that work was done in
compliance with requirements of the Order of Conditions and the
referenced site1
p an, and supporting documents .
10 . A line of staked haybales shall be placed downgradient of
the pumping site .
11 . with the permission and consent of those homeowners
hereinafter listed, results of the pre and post test survey
inspections shall be submitted to the Conservation Commission,
for those homes located at 15, 17 , 19, 20, 21 Linden Avenue .
D605
.tlVI by .b: .., C9nSUltdr`a e::�C� ^ .....SU.V44'tb;;;
4
`v
aiam, ConservAt i on,,'Coyrtmi scion, a
'I
We, would � ikaa tca , ss�tit the commission that the , pumping test
bijing -Compi4t6d b + the MWAA om "hal i Of th�b Town of , Hirbl,.eh ,sd'
nsai3ds tv, oMio #'ayo?nd the Fiye hays ide i Pied in the ,prderK of
l ,e ndi t:ti o t %` ;�_ Pasid ` n our �conveesdt z wtisti wi th C4thy . WLnh AOd''
Wilf`^ed � seitk zeu; „ can, PYO aito last Wedn sdeayg tni% Qowtl'd�t�`
perm,istibly in;; tha riaite lnvok; is low and the pOnd lswel ,e
impacted less than, th t stated inl1thsa O'rdta . r
The. statr DEP . wz 11 „. not ,hermit the tang to St4p , �: t+l ?k341AO`
x QrOUhdWtk er 4rm Stabalizo+d. Once i tabilixa ion is rL�c��d Wm,sf�l l
0op' tlhe test. We hopes hit W1,11, pe wichi the naxt 48 h !P' fi.-
.� g $ a y<CC
4 11
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CITY OF SALEM z
(" LERK OF THE WORKS
DAILY REPORT
DATE ` S lD
CONTRACT
LOCATION
CONTRACTOR
� ^ P TEMPERATURE SD
14'EATHERs (� r)W8
Z3 %i�� � f?
7�l Or? ✓ �t f!
1 lam. Sym,-. _ _ w / n t [ /�, \• I ,
n
Signature
CITY OF SALEM 4r
CLERK OF THE WORKS
DAILY REPORT i6
DATE � S e
CCNTRACT �/ J
LOCATION � Y, 99�9 S /T/ill/
w/� l
CONTRACTOR G /`SC+ y Ccnn S Br Va�� on J
WEATHER —rpt I k-
TEMPERATURE
On � evel - Z �- 3 '4
wn Z 314 � ho.n Ori 2p
Down l �r-v ,� t S S c p 9 0
75 (— F M
e
Signature
CITY OF SALEM
LERK OF THE WORKS
DAILY REPORT ' S
DATE� Se p � ��
CONTRACT
LOCATION 222
CONTRACTOR CI C4 ys gi- YA i-/ �
WEATHER w e k $ TEMPERATURE 7 f o
hvAw ai- 1
�
S 96
P
75 C- P M
Signature
CITY OF SALEM 2
CLERK OF THE WORKS
DAILY REPORT �9
DATE 14
S c,4)
CONTRACT /
LOCATION py OS * Z Pn 1
CONTRACTOR � Cons r✓a " " Re J
WEATHER IAV �y TEMPERATURE
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Signature
---- --- ----
CITY OF SALEM
CLERK OF THE WORKS
DAILY REPORT 9
DP.TE � � S?P � `
CONTRACT
LOCATION
CONTRACTOR
WEATHER
TEMPERATURE
vis
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Signature
CITY OF SALEM
LERK OF THE WORKS
DAILY REPORT L� h
DATE
CONTRACT
LOCATION
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CONTRACTOR
WEATHER �u/ tKFS - t�p� y TEMPERATURE (j S � 7-S �
e �rt,� lWe ik _so //u �ia0
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Signature
P�SpURCFS�Gr MASSACHUSETTS WATER RESOURCES AUTHORITY
e Charlestown Navy Yard
3 100 First Avenue
Boston, Massachusetts 02129
�9SsACHU �1 Telephone:
t617)242-6000
September 4, 1990 SEP 7 "1990
Board of Directors
John P. DeVillars, Chairman -�r
John J.Carroll C � �'� ��� €�aa1a��A 901.
Robert J. Ciolek Kathy Winn
William A. Darity Planning Department
Lorraine M. Downey City of Salem
Anthony V. Fletcher 1 Salem Green
Charles Lyons Salem, MA 01.970
Joseph A. MacRitchie
Samuel G. Mygatt
Thomas E. Reilly, Jr. :Subject: 5 Day Pump Test - Loring Avenue
Walter J. Ryan, Jr.
Dear Ms. Winn:
Executive Director
Enclosed please find a sketch showing the proposed location of the
Paul F. Levy pump discharge during the pumping test. One of your commission
members requested this sketch during the public hearing last
spring.
The pump test has been rescheduled to begin the week of
September 10, 1990 instead of September 5, 1990. I will keep you
informed of any further changes in schedule.
Sincerely,
rederick O. Brandon
Project Manager
FOB/amn I
Enclosure 1
cc: Douglas F. Reed, SEA Consultants Inc.
Dana E. Snow, Marblehead Water and Sewer Commission
AMN633
Ref. 218, 263
Y �1
V P'
ie -rcV E _
Proposo.d —
21/2" WA SE ._
�.
w SEA 1 - 90 3-89 (350') d N7.rJ� �^ ..Y FOAESTR/VER
z .(450')^
Lu
a Propoped
0 8-incest Well &
Z 2-ft. ` (50') 5-87 "�_.
J
Observation Well 1-89(1
(50') 4-871 A
(100') 1-87 — 3-87 Proposed — r4&0rµY
21/2" Well
(150) DUG WELL (400') ackground/Well e 'T
POND
�'. . • . • • ell Point
. l LEGGS HILL
LEGEND
O (350') 2 12-Inch Wells Installed
by SEA,and Distance in Feet
From 8-Inch Well. u
,y e"
• (50') Existing 2 12-Inch Wells, and 0 200•
Distance in Feet From 8-Inch Well.
Scale in Feet ...
A Staff Guage and Well Point
AUG 3 11990
E Proposed Discharge Point
Figure 1 .
Property Line = __— Dirt Road
Leggs Hill Site / Salem
Town Boundary -- -- - - • Foot Path Well Location Map
p�Sp'WESq MASSACHUSETTS WATER RESOURCES AUTHORITY
Charlestown Navy Yard
100 First Avenue
h Boston, Massachusetts 02129
S
�SSActi USES Telephone:
(617)242-6000
^august 9, 1990 _
RECEIVED
Salem Conservation Commission ^ A1900
One Salem Green
Salem, MA 01970
1AgRI
Subject: Loring Avenue, Lot 325 and 408 -
DEP File No. 64-186
Dear Commission Members:
In accordance with the Special Conditions issued
for the MWRA/Town of Marblehead Five Day Pump Test;
we are notifying you that activity will commence at
the site on August 13 , 1990.
The initial activity will be the installation of
test wells for the pumping test. This activity
will last approximately two weeks. The actual pump
test is scheduled to begin on September 5, 1990.
Marblehead Water and Sewer Commission has arranged
to have a pre and post pump test survey of those
homes listed in the Order of Conditions.
The water level of Leggs Hill Pond will be measured
at the start of the pump test and will be provided
to the Commission within twelve hours of the
measurement. All other Special Conditions will
also be met during the pump test.
The project supervisors who are responsible for
insuring that operations are in compliance with the
Order of Conditions are listed below:
Frederick O. Brandon Douglas F. Reed
MWRA SEA Consultants., Inc.
100 First Avenue 485 Mass. Ave.
Boston, MA 02129 Cambridge, MA 02139-4018
Bus: ( 617) 242-7110 Bus: ( 617) 497-7800
Home: ( 508) 682-1013 Home: ( 508) 475-7478
I
If you have any questions please call me at the
above number .
Sincerely,
Frederick O. Brandon
Project Manager
CC: Thomas Gawreys, MWRA
Dana E. Snow, Marblehead Water and Sewer
Commission
Douglas F. Reed, SEA Consultants, Inc.
Ref. 218, 268
KCP208
b �
FEVMarbleheaderr, 0 ' 1CQ9
conservation a�.
i commission
December 6 , 1989
John Vallis
Chairman
Salem Conservation Commission
1 Salem Green
Salem, MA 01970
Dear John :
There are several subjects that I would like to let you
and the Commission know that you will have the support and
assistance of the Marblehead Conservation Commission in
dealing with .
Of course , the Tide Gates are of great interest to us and
we await action on them. In reality , we prefer no action
on them !
Secondly , the Pierce Avenue filing is of concern to us as it
may adversely effect the marsh area. Finally , we could use
some help from your city on an old effort . Phil Moran and
I had been trying to get a sidewalk on Leggs Hill Rd . If we
establish a safe walking area , we can connect your Forest
River Trails and ours and create a substantial trail network.
As a part of the development of the Angenica parcel , we have
required a sidewalk from Angenica Terrace ,to Old Salem Road .
Any chance that you folks can prevail on the powers that be
in Salem to carry that sidewalk to Loring Avenue? We look
forward to our continuing cooperative .
Sincerely ,
Rosemary CoYlins
Chairman
RC/c
widger rd. — marblehead, massachusetts 01945
i
Special Conditions MWRA/Town o Marblehead
Five Day P p Test
1 . All work shall conform to the above-referenced plans . Any
change made or intended to be made in the approved plans shall
require the applicant to inquire of the Conservation Commission
as to whether the change is substantial enough to require a new
filing.
2 . During operation of the pump test, the drop in water level of
Leggs Hill Pond shall npt exceed a total of six inches within a
twenty-four hour periPd / a total of twelve inches over the
entire five day test p iod. Testing shall be terminated A
immediately if the drop in water level exceeds thes`specified
levels . For the purpose of measuring drawdown, the base water in
the pond shall be level at the time of the start of the pump
test . i ,t,„Q2,,cQ_ ,,.: pr,..�;:•..-� s�a.-2C/oa- �i rou;dc.d-�./ate,..�c.d.' I�
3 . Prior to commencement of the test, a six�oot tiarrVwied/rrJ o
haybales shall be plac�e� hree t four feet from the generator and
shall surround the gen on three side s in order to mitigate
g 9
excessive noise .
�4 . To dypacts to wildlife species , the pumping
test shall be conducted
� during spring, summer or/fall months
only . "i 4k� �U f cax bop/-� it_�
5 . Prior o commencement of the test, haybale shall be
installed ,in an amount and manner that will diffuse pump
discharge in order to prevent ero ion of, the bordering vegetated
tlaw ,ne3
6 . Servicing of equipment must be done outside the buffer zone
to the resource area . Equipment must be maintained to prevent
leakage or discharge of pollutants . Overnight storage of
equipment must be/ 100 feet from the wetland boundary .
Mo -&� -f"--
7 . Members and agents of the Salem Conservation Commission shall
have the right to enter and inspect the premises at all
reasonable times to evaluate complaince with the conditions
stated in th�' Order, and may require the submittal of any further
data de ed necessary by this Commission for that evaluation .
8 . Notice shall be given to this Commission no more than two ( 2 )
weeks nor less than two ( 2 ) days prior to the commencement of
activity . Said Notice shall include the name ( s ) , address ( s ) ,
business and home phone numbers of the project supervisor ( s ) who
will be responsible for insuring that operations are in
compliance with this Order .
9 . Upon completion of testing, the applicant shall submit with
their request for a Certification of Compliance, ano affidavit
prepared by a professional engineer duly registered in the
Commonwealth of Massachusetts, stating that work was done in
compliance with requirements of the Qrder of Conditions and. the
referenced site plan/o"'4/ � drr
171
Z-
0N coy'
b
Conservation Commission
Salem. Massachusetts 01970
y'yASS��a�y
SALEM CONSERVATION COMMISSION
SITE VISIT
On Saturday, March 24 , 1990 at 9 : 00 a.m. , the Salem
Conservation Commission will conduct a site visit to property
located between Leggs Hill Road and Loring Avenue . The visit is
open to all interested parties .
The public hearing on the matter of the Town of Marblehead' s
proposal to install testwells and conduct a pumping test at this
location, is continued until Thursday, April 5, 1990 at 7 : 30 p .m.
The hearing will be held at One Salem Green, second floor
conference room.
John G. Vallis
Chairman
D449
Lmcoorbleheod
nservotion
commission May 22 , 1990
Dear Kathy,
As we discussed, the additional conditions for the pumping
of the test well off of Leggs Hill Road that seem appropriate are
as follows :
1 . The pumping test will be terminated if the water level in
Leggs Hill Pond drops more than 6 inches in 24 hours or 12 inches
over the duration of the test. The base water level in the pond ,
for measuring draw down shall be the level at the time of the
start of the pump test.
2 . In order to mitigate excessive noise from the pumping test , a
wall will be constructed of wood or hay bales between the engine
or generator and the residential area. The wall shall be no more
than ten feet from the source of the noise and shall surround the
engine or the generator on three sides.
3 . The water discharged from the pumping test will be dissipated
on hay bales or crushed stone to prevent erosion of the bordering
vegetated wetland area.
In addition , the Marblehead Water and Sewer Commission
agrees to conduct a pre and post pumping survey of the founda-
tions of the enclosed list of residents. The criteria for the
survey will be developed by Marblehead Water and Sewer and MWRA
with input from the home owners . Since this survey is beyond
the jurisdiction of the Wetlands Act , it should not be included
in the formal order.
Hopefully, these suggestions will help you to expedite the
issuance of the Order and the testing can begin. Many thanks for
your cooperation.
Sincerely,
Rosemary Collins , Cha' an
cc : Dana Snow
widger rd. — marblehead, massachusetts 01945
James Kieran
21 Linden Ave.
Salem, MA 01970
May 17, 1990
Mr. Dana E. Snow
Supt. Water and Sewer Commission
P.O. Box 1108
Marblehead, MA 01945
Dear Mr. Snow:
As discussed after the Conservation Commission meeting in Salem
on May 10, 1990, I am submitting the names of five families that
we feel should be surveyed for damage to their homes prior to the
pumping test on Leggs Hill Pond.
Terry Savage-Roberta Masiello
15 Linden Ave.
Salem, MA
I
Roger and Marybeth Boucher
17 Linden Ave.
Salem, MA
Robert and Lynda Marsilia
19 Linden Ave.
Salem, MA
Cecile Muller
20 Linden Ave.
Salem, MA
James and Virginia Kieran
21 Linden Ave.
Salem, MA
We certainly appreciate the co-operative atmosphere generated by
Marblehead officials to our concerns.
Do not hesitate to contact me with any further questions.
Work telephone 729-9000-2321
Home telephone 744-0908
S ' cere�y/�
James Kieran
Ifll \\
morbleheod
'conservation
— I commission May 22 , 1990
Dear Kathy,
As we discussed, the additional conditions for the pumping
of the test well off of Leggs Hill Road that seem appropriate are
as follows :
1 . The pumping test will be terminated if the water level in
Leggs Hill Pond drops more than 6 inches in 24 hours or 12 inches
over the duration of the test . The base water level in the pond,
for measuring draw down shall be the level at the time of the
start of the pump test .
2 . In order to mitigate excessive noise from the pumping test , a
wall will be constructed of wood or hay bales between the engine
or generator and the residential area. The wall shall be no more
than ten feet from the source of the noise and shall surround the
engine or the generator on three sides.
3 . The water discharged from the pumping test will be dissipated
on hay bales or crushed stone to prevent erosion of the bordering
vegetated wetland area.
In addition, the Marblehead Water and Sewer Commission
agrees to conduct a pre and post pumping survey of the founda-
tions of the enclosed list of residents . The criteria for the
survey will be developed by Marblehead Water and Sewer and MWRA
with input from the home owners . Since this survey is beyond
the jurisdiction of the Wetlands Act , it should not be included
in the formal order.
Hopefully, these suggestions will help you to expedite the
issuance of the Order and the testing can begin. Many thanks for
your cooperation.
Sincerely,
Rosemary Collins , Cha' an
cc : Dana Snow
widger rd. — marblehead, massachusetts 01945
James Kieran
21 Linden Ave.
Salem, MA 01970
May 17, 1990
Mr. Dana E. Snow
Supt. Water and Sewer Commission
P.O. Box 1108
Marblehead, MA 01945
Dear Mr. Snow:
As discussed after the Conservation Commission meeting in Salem
on May 10, 1990, I am submitting the names of five families that
we feel should be surveyed for damage to their homes prior to the
pumping test on Leggs Hill Pond.
Terry Savage-Roberta Masiello
15 Linden Ave.
Salem, MA
Roger and Marybeth Boucher
17 Linden Ave.
Salem, MA
Robert and Lynda Marsilia
19 Linden Ave.
Salem, MA
Cecile Muller
20 Linden Ave.
Salem, MA
James and Virginia Kieran
21 Linden Ave.
Salem, MA
We certainly appreciate the co-operative atmosphere generated by
Marblehead officials to our concerns.
Do not hesitate to contact me with any further questions.
Work telephone 729-9000-2321
Home telephone 744-0908
S ' cerely"--�
James Kieran 'I
II
'� marbleheod
i1117�►�
s conservation
i commission
May 10, 1990
Dear Board Members,
The members of the Marblehead Conservation Commission appre-
ciate your assistance to our Water and Sewer Commission on their
filing for work in the area of our former well field. It has
been most helpful to all of the concerned parties to create an
awareness of the many sensitive environmental issues which must
be addressed on that property.
The filing before you this evening has taken into account
those issues and has, we believe, addressed them very thorough-
ly . We are most appreciative of the Water and Sewer department's
having taken the time, money and initiative to do this work.
We hope that your Board will commend them on their diligence and
continue to support eachother in the future.
Sincerely,
Rosemary Collins, Chairman
widger rd. — mar0ehead, massachusetts 01945
R C 1� April 23 , 1990
Ap Mr. Vern Tremblay
�,qaR 13 Linden Avenue
Salem, MA 01970
Conservation Commiss'ion''
One Salem Green
Salem, MA 01970
RE: Town of Marblehead Test Boring for Water off Loring Avenue
To Members:
Concern over the noise level from the pumping apparatus at the
above location should it become a permanent site has arisen.
Understanding is that there will be a gasoline driven pumps
operating 24 hours a day for three days.
This of course is understood as necessary for test purposes.
However, should the site become permanent this alone would of
course be objectionable_
There are fifteen homes that are closest to the site on
Linden Avenue and fifteen more on the other side of Linden Avenue
that could be affected by noise level , regarding sleeping, and
peace and quiet.
The equipment that is used if the site becomes permanent should
be quiet enough not to affect the peace and quiet for a residential
neighborhood. Care should be given to this matter.
I do not know the guidelines or decibel level permitted in
residential areas, but I and my neighbors are concerned.
Please take this under advisement.
�Sincerely, /
Vernon Tremblay
CC: Mark Blair, Councelor
Ward 7
City Hall
Salem, MA 01970
George Ahmad
106 North Street
Salm, MA 01970
Planning Board
One Salem Green
Salem, MA 01970
R E C EIV E D 21 Linden Avenue
Salem, Mass. 01970
MAR 2 01990 March 15, 1990
John G. Vallis, Chairman SALEM PLANNING DEPT.
Conservation Commission
One Salem Green
Salem, Massachusetts 01970
Re: Notice of Intent by MWRA and the Town of Marblehead to perform test
pumping in the Loring Avenue/Leggs Hill Area.
Dear Sir:
I am prompted to write this letter because of my feelings following the Public
Hearing conducted on Thursday Evening, March 8, 1990. As an abuttor to the Wet
Lands on which the pumping will take place, I attended the meeting and spoke.
I spoke not so much to oppose but to ask questions of the Town of Marblehead and
the MWRA.
Unfortunately, my questions as to effect could not be answered and I was left
with no real assurance that these questions would be taken seriously enough to
investigate.
I feel that the Representatives of the Town of Marblehead treated their applica-
tion in a light-hearted fashion which, at times, gave rise to an almost raucous
atmosphere in the conference room. For example, that was not the time to
suggest that the land be purchased by "Perrier." I suppose, Mr. Chairman, that
it is easy to be light-hearted when one represents the town and not one's own
personal interest, home or investment.
I went to the meeting to listen to answers that I presumed the resources of the
Town of Marblehead or the MWRA would have already asked to determine the effect
of the project. It appears that this has not been done.
The Commission should be made aware of the fact that in the forty years that the
pumps have been turned off, there have been over forty homes built in that area
at or near the pond level. Some homes have suffered damage that test cores
have shown are probably due to changes in the peat moss contained in the sub-
strata. Varying water levels seem to affect this strata which, in turn, affects
what is above them. The water depth under some homes has been fixed at four-
teen feet from surface (core studies available) .
The Town of Marblehead and MWRA seem to be taking a "let's perform the test and
see what happens" attitude. When abuttors to that area want to perform work
on their property which might impact the wet lands, we have all been required
to submit studies to the Commission before we received approval to proceed.
If this procedure is applied to citizens, then it must be required of the Town
of Marblehead and the MWRA.
I don' t believe either of the petitioners will encounter opposition to their
project if the neighborhoods are assured, as much as possible, that there will
be no negative impact on our properties. Also, the questions arises as to who
will assume the liability for further damage.
Conservation Commission -2- March 15,1990
I realize that the mission of the Conservation Commission is to preserve and
protect the Wet Lands and their inhabitants. Implied in that mission is the
duty of the Commission to protect the neighbors of the Wet Lands from negative
impact by man's intervention on the Wet Lands.
Very , my yours,
ames Kieran
JK:B
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•on Commi&ion
z
Salem. Massachusetts 01970
'Fy Mq SS+cN�y
Public Notice
Salem Conservation Commission
A public hearing regarding the Town of Marblehead' s proposal
to install testwells and conduct a pumping test on property
located along Loring Avenue was opened on March 8, 1990 . The
hearing on this matter is continued to Thursday, April 12 , 1990
at 7 : 30 p.m.
The hearing will be held at One Salem Green, second floor
conference room.
-� c
John G. Vallis
Chairman
D507
LORING AVENUE
Proposed Q
1 2.1/2"Well I SEA
(450') 3-89(350') -` FogEST
W 'y�q /VIeq _
z \`
W
Z Proposed �Fc�
0 8-inch Well &
,z—� 2-ft. (50') 5-87 SEA \O`D
Observation Well 1-89(134)
(50') 4-87 2-87(135') SEA
(100')1-87 Proposed 2-89 (1100')
2.1/2"Well
DUG WELL '(400') Background Well
POND
.� Well Point
•moi; \h • POPa
SNj
LEGEND
Oi (350) 2 12-Inch Wells Installed ^
by SEA,and Distance in Feet / \
From 8-Inch Well.
• (50') Existing 2 1/2-Inch Wells, and xoo
' S.I.in Feet
Distance in Feet From 8-Inch Well.
e Staff Guage and Well Point
MEE Proposed Discharge Point
-- Property Line Figure 1
Leggs Hill Site / Salem
Town Boundary
Well Location Map
94
Form S oEQE Re No. 64-138
(To be Provided by DE0
�-�
Commonwealth CitylTown Salem
of Massachusetts APd=t
Order of Conditions
Massachusetts Wetlands Protection Act
G.L c. 131, §40
Fro Salem Conservation Commission
To Citv of Salem Town of ?Marblehead
(Name of Applicartt) (Name of property owner)
Address
rinp Salam Creen Addre4s_ Tower Stay
Salem, MA 01970 Marblehead, M.A 01945
This order is issued and delivered as follows:
❑ Eby hand delivery to applicant or representative on (date)
L by certified mail,return receipt requested on (date)
This project is located at T o c ratll o 325 Lorin Avenue
The property is recorded at the Registry of Essex
Book 1386 Page 517
t Certificate(if registered)
The Notice of Intent forthis project was fftedan 6/15/86 (date)
The public hearing was closed on 6/26/86 (date)
Findings
The Salem conservar'n rn has reviewed the above-feferenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Commission at this time, the commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
91 Public water supply Pan damage prevention
❑ Private water supply n✓Prevention of pollution
B--�Ground water supply C. Land containing shellfish
❑ Rood control ❑ Fshenes
5.1
95
Therefore.the
Salem Conservation Commission _ hereby finds that the following conditions are
necessary,in accordance with the Performance Standards set forth in the regulations,to protect those inter-
ests checked above.The Salem Conservation Commission orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the tok
.specifications or other proposals submitted with the Notice
lowing conditions modify or differ from the pans
of Intent,the conditions shall control.
r
General Conditions
1. Faflure to comply with ail conditions stated herein,and with all related statutes and other regulatory meas
ures,shall be deemed cause to revoke or modify this Order.
2. This Ord9r does not grant any property rights or any exclusiv'a privileges:it does not authorize arty injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee gr any other person of the necessity of complying with aA
other applicable federal, state or local statutes, ordinances, by
laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply
(a) the worts is a maintenance dredging project as Provided for in the Act or
(b) the time for completion has been extended to a specified date more than three years,but less than
five years,from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth inshis Order.
5. This Order may be extended by the issuing authority for one or moreperiods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
containing no trash, refuse,rubbish orde-
6. Any f01 used in connection with this project shall be clean fll, . Pipe,tires,ashes,
bris,including but not limited to lumber,bricks, plaster,wire, lath, paper, cardboard
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal pericds from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
t
ecorded in the Registry of Geeds or the Land8. No work shall be undertaken until the Final Order has been r
Court for the district in which the land is located,within the chain of title of the affected property.In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. in the case of registered land,the
Final Order shall also be noted on the land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done.The recording information shall be submitted to the
on the forth at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than threesquare feet in size
bearing the words,,,Massachusetts Department of Environmental Quality Frig
File Number
10. Where the Department of Environmental Quality Engineering a determination and
ng is requested to make
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
11. Upon completion of the work doss bed herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12.The work shall conform to the following plans and special conditions:
96
Plans:
Title Dated Signed andSlamped by: On File with,
Leggs Hill P-1 l7QptxA;..j ck .e
-9-R6 Thn"Aq P,,,l
Detail Plan "Precase Concrete Catch Basin
Special Conditions(Use additional paper ff necessary)
See Attached.
t
.......................................................................................................................................................................................
• (Leave Space Blank)
5.3A
Issued By Salem Conservation Commission
Sianature(s
< 'v
dy- t
This er must be signed by a majorny of the'Conservatfon Commission.
On th'a � � ay of .._,.19 !�_..before me
pefscna9y appQ � -p (- -n 4 (Y? to me known to be the
person das---'ibed in and who executed the foregoing instrument and acknowledged that he/she executed
the same a-�,his/her free and deed
Nr:.txy Fubiic My commission expires
he apoiicant the owner.any person a^. eved by this Order,arty owner of land atu WnC"land UDOM which the Proposed work is to
_. bt da+s or nny ten residerrs of the cry a tcwn in wniCh au':.t land is located are ha!etry ncafied of Cev right to request the Department
of Erry o renw Quality Engineering tc'ue a SuP=-sedmg Ord M.pro iding the rt-quest is made by oomr1ed mai;or r"'d oefnery to
the oepYv ant wittdn ten cat's from tr-data of isauancs of this Order.A copy of the request shwa at the same rine be sent by eerbfie'd
mai or hrnd deiNery to me Conservation Coumssiort and trier appllasM
0&tsch on dotted lino and submit to the Salem Conservat+cn " prior to commencement of work.
Issuing Autltonty
To_
Please be edvised utat the Order of Conditions for the proiect at
and
Fie Number. has been recorded at the Registry of
has been noted in the chain of tike of me affected property in accordance with General Condition 8 on
19_
It reccrded:and, the instrument number which identifies this oartsacbon is
If registered iand. the document number which idenofies this transaction is
Acbficant
SignaMe
5.4A
97
Issued By Salem Conservation Commission
SignatulteJs)
j
r
?h Order must be signed by a majority of a Conservation Commission.
On C °d (+ \ of 19 L(O before me
personafly aA to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she execuMd
the samq/-as his/her free act and d
Notary Fubfic My commission expires
Thu aPGlican_the owner.any person aggnewed by this Order,any owner o1 w d abut`-n0 the land upon wnich theproposed work is to .
ho done or wy ten reaents of the cty or town in wnict such land n d of th
located are hereby notifieeir nm to recuest ih gDewntnen
ldt
of(lwiccTme !w ouelity Engineerurg to ivue a Supcsedi g Order.pwiding Von realest is made by certified mail or hand derweryto
the DeCl:-anem within tan days from the date of issuance of this Order.A copY of the request stutl at me same time be sem try certified
nml or hand deLvery to the comwvatlon Ccrta=v on and the aopb=TL
r '
Detach on darned line and submit to the Salem Conservation Commission prior to carmmencement of work.
Issuing Authonty
To
please be advised that the Order of Conditions for the project a
and
File Number has been recorced at the Registry of
has been noted In the chain of title of the aNected property in accoreance with General Condition B on
19_
It recorded land• the instrument number which identifies this transaction is
It registered land,the document number which identifies this transaction is
AppLcant
Signature
96
Plans:
Title Dated Signed and Stamped by: On File with:
N/A
Special Conditions(Use additional paper if necessary)
1. All harvesting of phragmites in the Forest River Conservation Area shall be
done by hand only.
2. During harvest, sensitivity to inland banks shall be maintained:
3. Notification shall be given to the Conservation Commission or its d.asignated
agent one (1) week prior to harvest.
4. Notification shall be given to the Conservation Commission or its designated
agent. one (1) month nrior to anv subsequent harvest. .
...........................................
..................................................... heave space Blank)
I
1 . The installation and construction of the proposed outlet structure
of Leggs Hill Pond has been determined to- be significant to public water
supply, ground water supply, and to the prevention of pollution, since
Leggs Hill Pond has in the past been used as a water supply source (the
supply came from a well and t.be area is still maintained as an emergency
water source) . A Department of Environmental Quality Engineering
opinion has confirmed the Commission' s responsibility to maintain this
pond at its present level.
2. Work shall conform to plan entitled, "Leggs Hill Pond Outlet Control
__.. Structure," dated May 9, 1986, prepared by Thomas Rouleau, P. E. ,
Engineering Assistant, and detail plan entitled, "Precast Cement
Concrete Catch Basin."
3. Prior to commencement of construction, an erosion and sedimentation
control barrier in accordance with "Erosion and Sedimentation Control
Guidelines," Publication #13 , 529-39-1000-2-84—C.R. , dated August, 1983 ,
shall be installed upstream of the proposed control structure and
downstream of the proposed structure.
a. Staked haybales shall be placed in a configuration which will
adequately contain any sedimentation resulting from the dike removal .
b. Such hay bales may be removed after the water has sufficiently
cleared to indicate no further sedimentation will take place.
4. The Town of Marblehead Water Department shall be notified
seventy—two (72) hours prior to commencement of construction.
5. Prior to backfilling around the control structure, the Commission or
its designated shall be notified to confirm the rim elevation is set at
27.3.
6. The City of Salem shall be responsible for ensuring that the
structure is cleaned and maintained at Least twice yearly. The Town of
Marblehead shall be notified at least seventy—two (72) hours in advance
of such maintenance operations.
7 . Following installation, the proposed slope shall be vegetated to
ensure stability.
i
I
C Pinc.
ENVIRONMENTAL SCIENTISTS•PLANNERS•ENGINEERS
May 7, 1990
Mr. Fred Brandon
Massachusetts Water Resources Authority
Water Works Division
Charlestown Navy Yard
100 First Street
Boston, MA 02129
Re: Leggs Hill Pond Impact Assessment (File # MASWR-1)
Dear Mr. Brandon:
IEP, Inc. was retained to assess the potential impacts on sensitive species
which may be associated with a proposed 5-day pumping test of a well located
near Leggs Hill Pond. The test well is located on the Town of Marblehead
property in Salem. The Salem Conservation Commission has expressed concern
regarding the potential impacts to sensitive wildlife species and fisheries
which may occur as a result of this 5-day pumping test.
As indicated in your letter dated May 4, 1990, SEA Consultants have
conservatively estimated that the potential drawdown of the pond resulting from
the 5-day pumping test will be approximately seven inches. This figure, as you
mentioned, assumes a worst-case scenario. That is, all of the water is drawn
from the pond during the pump test with no recharge to the pond during that
period.
Leggs Hill Pond Assessment
Our assessment included a site visit conducted on May 4, 1990, contacting the
Massachusetts Natural Heritage and Endangered Species Program, and contacting
the DEP-Division of Water Pollution Control (DWPC) and Division of Fisheries and
Wildlife regarding available information on the pond's current or past
condition.
Mr. Steve Nathan of the DWPC indicated in a phone conversation that no baseline
survey had been completed by the state on Leggs Hill Pond. Given this lack of
available information, the site visit to the pond included measuring water
depths at about 20 locations within the pond, and making visual observations of
the aquatic vegetation in the pond, the pond shoreline areas and the outlet
structure.
A maximum water depth of 10.5 feet was observed in the southeast cove area, with
the average water depth estimated to be about 5 to 6 feet. Water depth
measurements taken along the pond shoreline revealed that the pond bottom has a
moderately steep slope, with the exception of the beach areas in front of the
homes along the western shoreline. In general, water depths of about 10 inches
were typically observed at 2-feet or less from the shoreline. Bottom sediments
were largely a soft muck or silt throughout most of the pond.
6 Maple Street• P.O. Box 780• Northborough • MA 01532• (508) 393-8558 (617) 890-2130 FAX: (508)393-8647
i
Mr. Fred Brandon -2- May 7, 1990
A number of wildlife and waterfowl species were observed using the pond during
the site visit, including a muskrat, turtle, fish, ducks and canada geese. The
Massachusetts Natural Heritage and Endangered Species Program indicated that
there are no known occurrences of rare or endangered flora or fauna, or
certified vernal pools on the site (Personal Communication, Mr. Jay Copeland).
In addition, the site does not fall in the estimated habitat for rare wetland
wildlife.
Submersed aquatic vegetation covered the entire pond bottom in moderate to dense
coverage, and was dominated by Myriophyllum spicatum (eurasian watermilfoil)
with a lesser abundance of Potamogeton sp. (pondweed). The emergent vegetation
along some of the shoreline areas and the island were predominantly L ty hrum
salicaria (purple loosestrife). Filamentous algae mats were also observed in
The shallow areas.
Potential Impacts and Mitigation
No time period has been specified for the proposed pumpiong test. Therefore,
impacts which may be dependent upon season will be highlighted. As mentioned
previously, the proposed 5-day pumping test will result in a worst-case lowering
of the pond's water level by about 7 inches or a loss of 5.25 acre-feet of
volume. That is, the pumping test will change the total pond volume (about 54
acre-feet) by less than ten percent. Therefore, impacts to fisheries associated
with insufficient water volume are not anticipated.
It is recognized that some small portion of the Land Under Waterbody will be
exposed along the shoreline during the pumping test. However, given the
moderately bank slope, this will likely be less than 2-feet in most areas of the
pond. Based upon SEA Consultant's computations of average annual pond recharge,
you have estimated that approximately 2.5 inches of rain over the ponds 0.5 sq.
mi. watershed would be necessary to replace the volume of water displaced by the
pumping test. The historic monthly average precipitation for this areas is
about 3.5 inches, although some variation may be expected with season. Refill
will be facilitated by conducting the pumping test during the spring to early
summer or late fall when rainfall is typically the greatest, and temperatures
will be lower minimizing evaporation losses. However, regardless of seasonal
variability, the 5.25 acre-feet volume would be replaced within about 30 days
given average precipitation amounts.
Fluctuations in water level are a common occurrence in many lakes and ponds, and
are not generally thought to adversely impact wildlife, fish, and waterfowl
species. Mobile wildlife, fish and waterfowl species are not expected to be
affected by a slight drawdown of this magnitude or duration.
No information on the pond's fisheries was available from the Massachusetts
Division of Fisheries and Wildlife files. However, most fish species (bluegill,
bass, crappie, perch, shiners, etc. ) which may inhabit a pond such as Leggs Hill
Pond spawn from April to June. During fish spawning nests are commonly located
along the pond shoreline in water depths of one to four feet. This suggests
that most nesting areas would be located in sufficient depths to avoid adverse
Mr. Fred Brandon -3- May 7, 1990
impacts should the pumping test be completed during the spawning period. Mr.
Robert Madore of the Division of Fisheries and Wildlife suggested that bass
which spawn in late May and June would be most likely to be affected (Personal
Communication). However, he further indicated that impacts could be avoided or
minimized if the minimum water level was achieved prior to spawning. Although,
a drawdown may expose eggs or trap some small fish in the weeds, Mr. Madore
suggested that because fish such as bluegill, will continue to spawn through
much of the summer and because of the steep gradient, these impacts would be
negligible.
No other adverse impacts to wildlife, waterfowl or fisheries are expected during
the summer, fall, and spring. While this drawdown is of limited magnitude and
duration, the greatest potential for impacts may be anticipated during the
winter ice cover. During this time, resident wildlife species (e.g. , muskrat,
turtles, salamanders, frogs, etc. ) may be in a period of hibernation and less
able to respond to the change in water level. Therefore, to avoid the potential
for impacts to wildlife species, it is recommended that the pumping test not be
completed during winter ice cover.
In summary, adverse impacts to the sensitive wildlife species of Leggs Hill Pond
are not anticipated for the 5-day pumping test when completed during the spring
summer, or fall. Further, while the drawdown will be of short duration and
limited magnitude, we believe that it is desirable to avoid completing the 5-day
pump test during winter ice cover.
Please call should you have any questions or need additional information.
Sincerely,
IEP, Inc.
Nancy Palmstrom
Sr. Aquatic Ecologist
Project Manager
NP/amb
HAI qm
1017r,
ern
Wyk
SZ-7.
WELL LOCATIONie
[tv 4.5
5,
W
Sewage �va
RoY 8eck Disposal
D , I les -
0
ff Rock
Lincoln Ho 6
2 0
S
Rock reds
ffocks,
co
0 n)2 r-'
y
.1 2 W—N—M P 4�
- ter U
12 ago--
21
Figure 1
0. 2009 Leggs Hill Site/ Salem
Scale in Feet Locus Map
LORING AVENUE _
I SEA
j
3-89(350) FOAFSTq VFA
z
W
a
Proposed \Fcc\
0 8-Inch WBII &
z 2-111. and 10-111. (5015-87 °qo
SEA `
Observation Wells 1-89(115')
(too) 1-87 2-87(135') SEA
2-89 (1100')r
B' /
(150') DUG WELL Background Well
'
POND 0 Qw
0
LEGEND
O (3501 2 12-Inch Wells Installed
by SEA,and Distance in Feet
From 8-Inch Well.
O. 200,
(501 Existing 2 12-Inch Wells,and
' Scak in FM '
Distance in Feet From 8-Inch Well.
A Staff Guage
E Proposed Discharge Point
-- Property Line Figure 1
Leggs Hill Site /Salem
Town Boundary
Well Location Map
RECEIVED 21 Linden Avenue
Salem, Mass. 01970
MAR 2 01990 March 15, 1990
John G. Vallis, Chairman SALEM PLANNING DEPT.
Conservation Commission
One Salem Green
Salem, Massachusetts 01970
Re: Notice of Intent by MWRA and the Town of Marblehead to perform test
pumping in the Loring Avenue/Leggs Hill Area.
Dear Sir:
I am prompted to write this letter because of my feelings following the Public
Hearing conducted on Thursday Evening, March 8, 1990. As an abuttor to the Wet
Lands on which the pumping will take place, I attended the meeting and spoke.
I spoke not so much to oppose but to ask questions of the Town of Marblehead and
the MWRA.
Unfortunately, my questions as to effect could not be answered and I was left
with no real assurance that these questions would be taken seriously enough to
investigate.
I feel that the Representatives of the Town of Marblehead treated their applica-
tion in a light-hearted fashion which, at times, gave rise to an almost raucous
atmosphere in the conference room. For example, that was not the time to
suggest that the land be purchased by "Perrier." I suppose, Mr. Chairman, that
it is easy to be light-hearted when one represents the town and not one's own
personal interest, home or investment.
I went to the meeting to listen to answers that I presumed the resources of the
Town of Marblehead or the MWRA would have already asked to determine the effect
of the project. It appears that this has not been done.
The Commission should be made aware of the fact that in the forty years that the
pumps have been turned off, there have been over forty homes built in that area
at or near the pond level. Some homes have suffered damage that test cores
have shown are probably due to changes in the peat moss contained in the sub-
strata. Varying water levels seem to affect this strata which, in turn, affects
what is above them. The water depth under some homes has been fixed at four-
teen feet from surface (core studies available) .
The Town of Marblehead and MWRA seem to be taking a "let's perform the test and
see what happens" attitude. When abettors to that area want to perform work
on their property which might impact the wet lands, we have all been required
to submit studies to the Commission before we received approval to proceed.
If this procedure is applied to citizens, then it must be required of the Town
of Marblehead and the MWRA.
I don't believe either of the petitioners will encounter opposition to their
project if the neighborhoods are assured, as much as possible, that there will
be no negative impact on our properties. Also, the questions arises as to who
will assume the liability for further damage.
i
Conservation Commission -2- March 15, '1990
I realize' .that the .mission of the Conservation Commission .is to-preserve and -
protect the Wet Lands and their inhabitants. Implied in that..mission is the
duty of the Commission to protect the neighbors of the Wet Lands from negative
impact by man's intervention on the Wet Lands.
Very . my yours,
/)ame�s Kieran
JK:B
i
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
310 CMR 10.99
Form 4 DEP RIs No. -
+" _ (To be WOM W W DEP)
Coy,Town snle
Commonwealth
vltzv
of Massachusetts Aopi,cant MCA Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act,G.L. c. 131 , §40
To be used only for projects of minimum impact, as described in the General Instructions for Completing the
Notice of Intent.
1 . Location: Street Address Loring Avenue Lot Number '1954409*
2. Project:Type Pmol =d 5-fi@;, Pung.T Description Installation of one
9" d amat 11 7 1�' r r r r �F2 S-a..,
to quantify groundwater availability for public water sunDly investieations.
3. Registry: County EsseX Current Boole N/A &Page N/A
Certificate(It Registered Landl N/A
4. Applicant: WAter Resources n rhor;ry Tel. (517) 242-7110
Address: Charlesto-n Navy yard 100 First Avenue Boston, PIA 02129
5. Property Owner: Tam of Marblehead Tel. (617) 531-3879
Address: Vater end Sewer Camiissio-1 P.0. Box 1108 Marblehead, MA 01945 _
6. Representative: S r A Consultants Inc TeL (517) 497-7300
Address 485 Massachusetts Avenue, Cam)ridre, MA 02139
7. a. Have the Conservation Commission and the Department's Regional Office each been sent, by certified
mail or hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents?
Yes Q No ❑
b. Has the fee been submitted? 5 Yes ❑ No
c. Total Filing Fee Submitted ast I)n
d. City/Town Share of Fling Fee 540.00_ _ State Share of Fling Fee $15.00
(sent to Cityrrown) (1/2 of fee in excess of$25, sent to DEP)
e. Is a brief statement attached indicating how the applicant calculated the fee? ® Yes ❑ No
8. Have all obtainable permits,variances and approvals required by local by-law been obtained or applied
torl Yes O No 7N
Obtained: Applied For: Not Applied For:
DEP Punp Test Approval
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131 . §40A or G.L.
c. 130, §105? Yes = No
0. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Numoer.'Letter TitleiDate
(2) qprrinns of IISGS quad shppr for T.vnn YIA
(2) locus maps entitled "Well Location Map"
11/10/89 310 CMR - 280.35
1 1 For work proposed within the Buffer Zone(as defined in Part I. Sections 10.02(2)and 10.04 of the reg.
ulations)describe,with reference to supporting plans and calculations where necessary:
(a) The size.shape. type and location of the proposed work.
Work will include the installation of an 8 " diameter test we]] and several 2-1/2" diameter
monitoring wells into the groundwater table, in locations as delineated on the attached
plans. A pump test required by, and in compliance with DEP regulations, will be conducted
for 5 days or until groundwater stabilization is achieved. Discharge from the pumped
groundwater will be directed to wetlands adjacent to the site, located to the north, and
as indicated on the plans.
(b) Mitigating measures and designs to insure that the proposed work will not alter theresource area
which said Buffer Zone borders:or if it will after said resource area, the mitigating measures and
designs proposed to meet the performance standard established for that resource area in Part 11
or Part III of these regulations.
The prolonged!5-,day pump test and well installation will not involve building construction,
earthwork, or altering of the land. Haybales will be used to diffuse pump discharge to the
wetlands to minimize any impacts. Groundwater discharged to the wetlands will enter the
Forest River. Pumping rate during the 5-day test will be approximately 350 gpm, temporarily
affecting water level of the adjacent pond.
12. For work proposed within Land Subject to Flooding(as defined in Part III,Section 10.57(2)of the reg-
ulations)describe. with reference to supporting plans and calculations Where necessary.
(a) The size, shape. type and location of the proposed work.
Not Applicable. -
(b) Mitigating measures and designs proposed to meet the performance standards set forth in Part
III, Sections 10.57(4) and 10.60 of the regulations.
Not Applicable
13. For proposed work within Land Subject to Flooding which will alter said resource area, or for
proposed work in a Buffer Zone which will alter the resource area which said Buffer Zone borders,
is the area which will be altered located on the most recent Estimated Habitat Map(if any)of rare.
"state-Ifsted"vertebrate and invertebrate animal species occurrences provided to the conser-
vation commission by the Natural Heritage and Endangered Species Program?
YES [ 1 NO [ J Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [ j (if any)
Not Applicable. Impact to resource area will be minimal and temporary.
It yes, have you completed an Appendix A and a Ndiice of Intent and filed them, along with
supporting documentation with the Natural Heritage and Endangered Species Program in person,
or by courier or registered mail,so that the Program shall have received Appendix A prior to the
filing of this Notice of Intent?
YES [ J NO [ J
Not Applicable.
4.2
L
f
I hereby certftutdv the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans d0CuMgj&*OsuppWin data are true and complete. to the best of my knowledge.
'b Qf�
Si nature t A alicarit
Date
Signature of ppliCant's Representative D to
4-3
l
'qr 1w
em.
5
in
or
Y.50 P T
WELL LOCATION ,' .�{: ,� .
�� e
M. iff D1SP0Sjj,
Bea fes
It
WS
61
Uncoln Hb w.
P0
------- �Tede
Rock ck Is
0 ftim
A-,
P
S1 W
r
age
Figure 1
0. 2000' Leggs Hill Site/ Salem
Scale in Feet Locus Map
LORING AVENUE _
SEAQ
W
3-89(350') F�AESTq/VEA
Z
Z Proposed
i 8-Inch Well &
2-ft. and 10-h. (507 5-87 SEA
Observation Wells 1-89(1151
(50� 4-8 2-87(135') SEA
(1001 1 2-89 (1100')
91
(1501 DUG WELL Background Well
POND QOv
O
gNj\-BGG
LEGEND
O (350') 2 12-Inch Wells Installed
by SEA,and Distance in Feet
From 8-Inch Well.
(501 Existing 2 12-Inch Wells, and aw
Scaq In FaM
Distance in Feet From 8-Inch Well.
A Staff Guage
F Proposed Discharge Point
--Property Line Figure 1
Leggs Hill Site / Salem
Town Boundary
Well Location Map
LORI NG AVENUE e
Proposed Q
I 2.1/2"Well SEA
(450') 3-89(350') -t FogESTq/VFq
Z L�
Z Proposed •sc�s
0 8-inch Well &
j 2-ft. (50') 5-87 SEA ROTO
Observation Well 1-89(134)
(50') 4-87 2-87(1351 SEA
(100') 1-87 2-89 (1100')
Proposed
2.1/2"Well 6"
DUG WELL (400') Background Well v���P40
� yP
i
POND / 0
Well Point /�Q
SNj
LEGEND
O (350') 2 12-Inch Wells Installed
by SEA,and Distance in Feet
From 8-Inch Well.
a 200'
• (50') Existing 2 1/2-Inch Wells, and
'
Distance in Feat From 8-Inch Well. Scala In FW
A Staff Guage and Well Point
NEE Proposed Discharge Point
-- Property Line Figure 1
Town Boundary Leggs Hill Site /Salern
Well Location Map
1�e�a�trrrerzt oJ'��irL� �'n�uiee�rn�
Urrrr onruecutn. ?ueiZue J+
-aniei 3. Greenbaum R E C E I Y E ® iGpiJ�CrfL, ..`lprSdCIC/ZC/..Seth% OYcS'O>
I_ommissioner
617/935-2160 MAR 131990
March 9, 1990 - >IC^__ ^�TIOtd OF NUMBER: 64-186
CANNING DEPT. ,ETLANDS; Salem
(city/town)
This Department is in receipt of the following application filed _n accordance with the
Wetlands Protection Act (M.G.L. Chapter 131, Section 40) :
APPLICANT: Mass Water Resources Authority OWNER OF LAND- Town of Marblehead
Charlestown Navy Yard Water & Sewer Commission
ADDRESS: ' 100 First Street ADDRESS: P.O. Box 1108
Bcston, MA 02129 Marblehead, MA 01945
PROJECT LOCATION: Loring Avenue, Lot ,`',305+408*
each _ _-__ = is being issued, the , -ss_��_ =-cilowi c de=-ciency(ies) the filing
have been noted:
sent
9et_C- - __t_..t ( 7-ocus )lac r ) 01a^.s
CENTS
tpi-:at:-on has teen. :JrwarOeC =.. =.^.e .'ia=arwa.,s L.�__nsina _ -ccram 'ie'_er^.lne __
-_.atter 91 License _s recui -ed
Applicant is advised to forward a cco,i of t.._ Notice of Intent to the Armv Corps of
Engineers for Section 404 review (Call 1-300-362-4367 for ^Sr=her information) .
( i Project may require a.Water Qualit. Cer=ificate. applicant is advised to contact
the DEP Division of Water Pollution Control (1 Winter Street, Boston, MA 02108; Tel:
(617) 292-5673 for forms and further information.
ISSUANCE OF A .FILE NUMBER INDICATES ONLY COMPLETENESS OF FILING SUBMITTED, NOT APPROVAL OF
APPLICaTI()N.
CC: Conservation Commission
Copies also sent to:
( ) DEP Division. of Water Pollution -_.,..u_„l
( ) U.S. Army Core of Engineers, Regulatory Brar.C'
( ) City or Town Board of Health
( A FFice of Coastal Zone Management -
etresen.`.a_iv- -;f the Commissioner
oectior.
310 CMR: UEPAR TMENT OF ENVIRONMENTAL PROTECTION
310 CMR 10.99
Form 4 DEP F4 uo
... Ra a Pr OEM
an Town
I or Commonwealin
+' of Massacnuseils �ooucani "'r'A
Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
To be used only for projects of minimum impact. as described in the General Instructions tar Completing the
Notice of Intent.
1 . Location: Street Address Lorin- .Avenue Lot Number 'i?9n1,of
o�..i.,.......+ c_a.... a., r„�t -Description Installation of one
2. Project: Type i
to quanCi£v mundwater Tail2bil i'v Jnr :xiblic once- •iLmOlY :7rvest L^^r�nn�
3. Registry: County
;ser. Current BOOK �l/A 3 Page N/A
Certificate fit Regis(erec Lana) N /A
4. Applicant: r 'nrpr ize n rre \ rhn^r• _Tel. (517` 752-7110
Address: Charlesccri \[,,)v Yard 100 First :\venue. 30ston, MA 02129
5. Property Owner
Ta.m o' `+arblenead Tel. (617) 531-3979
Address: ` cn" `e'.' rn P.O. 9,0� 1109 `1, 5lehead MA 01945
5. Representative: nsuit^ t5 Int _Tel, (517) 497-7900
Address
.95 ",ssnchusetts Avenue. C.r+nrid-c, MA 02139
7. a. Have the Conservation Commission and the Departments Regional Office each been sent. by certified
mad or hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes M No ❑
b. Has the fee been suomiffed? "r Yes ❑ No
c. Total Filing Fee Submitted ;` rv3
d. CirylTown Share of Fling Fee
540.00 State Share of riling Fee 15 x
(sent to Ciry(Townl ( hoftee in excess of 525. sent to DEP)
e. Is a brief statement attached indicating how the applicant caicu ialea lne tee? 2: Yes No
S. Have all obtainable permits.variances and approvals reouired oy local oy,aw peen octainea or applied
torr Yes _'� No
Obtained: Applied For: trot Acclied For:
DEP Pimp Test Approval _
9. Is any portion of the site suolect to a Wetlands Restriction Order oursuant t0 G.L. z. 131 . §40A or G.L.
c. 130. §1051 Yes _ NO
10. List all plans and sudeorting documents submitted with this Notice 01 Inient_
Identifying
NumtleCLelter Ttle,Oale
(1) qprriong of TTSM rl rh-pr fns I= Uq
(2) locus maps entitled 'iwe11 Location Matt'
11/10/89
310 CMR - 280.35
1 1 For work proposed within the Buffer Zone las defined in Part I. Sections 10 02(2) ane 10 04 of the req.
ulations)describe. with reference to supporting plans and calculations where necessary
(a) The size. shape. type and location of the proposed work.
Work will include the installation of an 8 " diameter test weiI and several 2-1/2" diameter
monitoring wells into the eroundwater table, in locations as delineated on rhe attached
plans. A pump test required by, and in cattiliance with DEP regulations, will be conducted
for 5 days or until groundwater stabilization is achieved. Discharge Cram the piuriped
groundwater will be directed to wetlands adjacent co the site, located to the north, and
as indicated on the plans.
(b) Mitigating measures and designs to insure that the proposed work will not alter theresource area
which said Buffer Zone borders'. or if it will alter said resource area, the mitigating measures and
designs proposed to meet the Derformanee standard established for that resource area in Part II
or Part fit at these regulations
The prolonged 5-dav Pimm rest and well installation will not invoive building construction,
earthwork, or altering or rhe land. Havbales will be used to diffuse prmilp discharge to the
wetlands to minimize anv iupaccs. Groundwater discharged to the wetlands will enter the
Forest River. Pumping rate during the 5-dav test will be approximately 350 epri, temporarily
affecting water level or the adjacent pond.
12, For work or000sed within Land Subject to Floodmd las defined in Part III, Section 10.47(2) of the reg•
Mations)describe. with reference to supporting plans and calculations wnere necessary
(a) The size. shape. type and location of the proposed work.
Not Applicable.
(b) Mitigating measures and designs proposed to meet the performance standards setfortn in Part
III, Sections 10.57(4) and 10.60 of the regulations.
Not Applicable
13. For proposed work within Land Subject to Flooding which will alter said resource area, or for
proposed work in a Buffer Zone which will alterthe resource area which said Buller Zone borders.
is the area which will be altered located on the most recent Estimated Habitat Map(if any(of rare.
"state-listed"vertebrate and invertebrate animal species occurrences provided to the conser-
vation commission by the Natural Heritage and Endangered Species Program?
YES ( ) NO ( Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [ ( (if any)
Not Applicable. Lnpact to resource area will be minimal and temporarv.
If yes. have you completed an Appendix A and a Nolice of Intent and filed them, along with
supporting documentation with the Natural Heritage and Endangered Species Program in person.
or by courier or registered mall.so that the Program shall have received Appendix A prior to the
filing of this Notice of Intent?
YES [ 1 NO ( 1
Not Applicable.
4.2
I hereby Certd lilt 4 the pains anp penalties of perjury that the foregoina Notice of Intent ana accompanying
plans.ooCurtteiftWda pportln date are true ano complete. to the best of my knowieage
p�ature of Aplblkant Date
nature of Ap�6Cants Representatwe dale
a•3
�'�• !I V �{ Lo/`%a G a . � /%`< lvvp yHA{i d4
','r J 1.'f,....+2y�ei- — - _ _�,` �\C�3uu 4aGw •i � _ ��s L lee
7.
em
-`, - �° '.ry=• �b� _. �/ r _r. Leg D'.rr y r ; ` , a� ',
o
• � ,r �J del/~\�
WELL LOCATION „ : " '
\`� •Str• O 1
A , ihb v-" ae. i G r
+d u
Se
Cliff wage ar
Deal O;n Stkneyry See tea
\ - Rock -'f"Y� , .
\ d J On Rock
cg. \
� � \ LincolnHot" :.<..:3NTaha: J h I p
Poin
d Rock
� [rno.o..Pea., j
i
"1a ter`('i utJ I
r]
Figure t
0. 2000• Leggs Hill Site / Salem
L
Scale in Feet Locus Map
LORING AVENUE _
I SEA
3-89 (350') / .. \ � _ Fp �+i1 Eq
���
Z Proposed
0 8-Inch Well & H<(q
2-h. and 10-111. (5015-87 SEA OqD
Observation Wells 1-89(115')
(50') 4-87 2.87(135') - ---- SEA
(10011-87 . 2-89 (1100')
;. . 9
DUG WELL // / Background Well
POND C' 0 /
O
LEGEND
O (350') 2 12-Inch Wells Installed ^
by SEA, and Distance in Feet / \
From 8-Inch Well.
o aoo'
• (501 Existing 2 12-Inch Wells, and
S all in FM '
Distance in Feet From 8-Inch Well.
• Statf Guage
E Proposed Discharge Point
-- Property Line Figure 1
Town Boundary Leggs Hill Site / Salem
Well Location Map
A ,oa
Y S1a\�\PN' \P�bO \ / 0.0 p
0. 46 O ~�/j a' s/'�•9 >^' V PPo \b V
\ 0
23130
II,60 3 A,
tiPb15 s P0pP.
O
185
178FAC4
�bo Oq o 162
_ __----------
ab o
184
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t / 178 _ 176
o
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3 9912 M3/-L/
SALEM STATE COLLEGE
,•,II/„ _ "II"' / _ M2/-L 238 y.� 1 V SOUTH ANNEX I .
1
I I
1
--
1111,_ PARKING n I l
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IV
— _ lilt` _ — - � — — —
. All �I SALEM STATE COLLEGE
- \ I `9 SOUTH ANNEX
- - - 23 050 - -I an•r
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U1D - - - / - _ - \ . _ ---�- .�..- IIJ•It'-- 1 �-L OPO
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_ _ / nl/,. /, ILL2a 04 J{L - ! �E ,722J a 3710 30.2305. �' � /• { _ - \\\\
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