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64-168 - 10 WHITE STREET - CONSERVATION COMMISSION �. - -- - - .� T 9Z& o &ve�* i elle ooShvt;pv �4Zlli& Ooai-tmerzbof�'.0 it une a�YiVtectio.L Daniel S. Greenbaum fir'vinle-ftreeL Commissioner -qo&P,G ffa&wdw"&&0210tH E C E i V E d.J' Hawthorne Cove Marina APR o 9 1990 10 white Street APR 12 1990 Salem, MA 01970 Attn: Captain Michael Mentuck, General ManagerLfie!'dadd§tlpT. RE: My visit of April 6, 1990 Dear Captain Mentuck: As I advised you during the referenced visit; your facility is not in compliance with its most recent Waterway License. I have enclosed a copy of License No. 250, dated January 12, 1987, the latest license on record for your facility. Comparing the license drawings with the current aerial photograph of your marina shows that the float arrangement is substantially different. M.G.L. Chapter 91, Waterways Regulations requires that you file an application to "maintain" your marina in its "as built" configuration. I have enclosed a Waterways License Application package for your use. Since the project has been completed, you must include a Certificate of Compliance from your local Conservation Commission with the application. Should you have any questions or comments on this matter, you may contact me at (617) 292-5695. Sincerely, Ronald otter Licensing Engineer Waterways Regulation Program M cc: Salem Conservation Commission 1 Wetlands Section, DEP NE Region U. S. Army Corps of Engineers, Regulatory Functions Branch 100%Recycled Paper i RICJ6I1VEDMAY 10 97e C 0 Daniel S. Greenbaum D6 vm/er ftreet Commissioner Z&On, Jfa"adW&e&&0910& � Hawthorne Cove Marina MAY Q 4 5930 �9 E C E t " 10 White Street 1 !f Salem, MA 01970 Attn: Captain Michael Mentuck, General Manager ', O1990 RE: My letter of April 9, 1990 SO11ia ^^,earl —' -c9NdtlC99 �� Dear Captain Mentuck: In a telephone conversation with Don Berry, he brought to my attention that Waterways License No. 1590, dated January 27 , 1987 , issued to Darbie Landing Limited Partnership is the most recent license for your facility. A comparison of this license to your current float arrangement indicates that you are in full R compliance with this most recent license. Please excuse any problems this oversight may have caused you and thank you for your assistance in resolving the matter. , f Sinc rely, CRonald Ptter Licensi g Engineer Waterways Regulation Program RP/rp �SALt7vl �o�tlst?2-v/4noq� C'1.�lhc rssro K/ 10nY Receded Paner Form 5 DECIE Fie No. l 6 4-16 8 (To be Droviaea by DE0EI ,7 (k Commonwealth City/TownSALEM IBI of Massachusetts AppiCy t DARBJ T A1ZZNr i Tn Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From SALEM CONSERVATIO T CO"IISSION DARBIE LANDIY..G LTD. SA01E To (Name of Applicant) (Name of property owner) Address 101 [TM;rp §rra f- Sat Am ',4A n1o70Address &Q4R This Order is issued and delivered as follows: by hand delivery to applicant or representative on (date) CX by certified mail,return receipt requested on June 29, 1988 (date) This project is located at 10 iih;ra Street qqlpm The property is recorded at the Registry of Essex South Book Page Certificate(if registered) 54080 (Document # 198235) The Notice of Intent for this project was filed on Mav 27, 1988 (date) The public hearing was closed on June 23. 1988 (date) Findings The SAT ',I COf'SPRVATTON C)1fKT¢0T01T7 has reviewed the above-referenced 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): ❑ Public water supply © Flood control ® Land containing shellfish ❑ Private water supply Storm damage prevention ® Fisheries ❑ Ground water supply Prevention of pollution ❑ Protection of wildlife habitat 5.1 Effective 11/1/87 Therefore. the 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 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 fol- lowing conditions modify or differ from the pians, 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 modity this Order. 2. This Order does not grant any property rights or any exclusive privileges:it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal. state or focal 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 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 in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, 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 tiled, until all proceedings before the Department have been completed. 9. 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 Commission 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 Quality Engineering, File Number 64-168 10. Where the Department of Environmental Quality Engineenng is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 1 1 . Upon completion of the work described 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: 5-2 Plans: rtle Dated Signed and Stamped by: On File with: Plan of land in a em, 1,1A property piss: ,ta of Darbie Landing "medial Action Summary 12/4/87 TGG Environmental, Inc. Salem Conservation Commission Special Conditions(Use additional paper if necessary) 1. Work shall conform to ab we referenced plan. 2. Work shall be conducted under direct guidance of the Salem Fire Department and the Salem Fire Marshall. 3. Any changes in the plans shall require the applicant to file a new Notice of Intent,'. or to inquire of the Commission in writing as to whether the changes are substantial enough to require a new filing. 4. Conservation Commission members and/or their designated agent reserve the right to enter and inspect the site during construction. 5. As-built plans stamped by a Registered Professional Engineer shall be submitted to the Commission prior to the issuance of a Certificate of Compliance. _....... . ....... ....... ........I........ .... ........ . .... . . ....... ........ . . ........... (Leave Space Blankl 5-3A Plans: Title Dated Signed and Stamped bv: On File with: Special Conditions(use additional paper It necessary) _....... ......... .............._ _. ._ .......... .............. ........ (Leave SO ce BIWk) 5.38 Issued By t ' ` ' ' Conservation Commission Signaturels) ILL U Tii This Order must be signed by a majority of the Conservation Commission. On this Z'AK ' dav of % , -rt_ £1 19 _.before me personally appeared `�i 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 tree act and deed. RC=,T n. C ,FOUR My CommIoS;6i ,r w ':L:y 19, 1990 ,/_ , Notary Public My commission expires The eoplicant.the owner.any peredn aggrieved by this order.any owner of Land abutang the Who upon which the proposed work is to be dance er any ten residents or the city or to",n which such Ism is located ahs hereby notified of their right to request me Depersoent of Enwalmenad Quality Engineering to issue a Superseding Order.pffAmi g the request Is made by ceNhed mad Or hand dSIWery to the Department within ten drys from the date of Issuance of this Order.A copy of the request linea at the same ams los sent by certified mail or hand delivery to me conservation COmrmssaxt and the amicart. Detach on darted line and submit to the prior to commencement at wore. ..•M—�+—.^. To Issuing Authority Please be advised that me order of Conditions for the protect a File Numoer has been recorded at me Regis"of and has been noted in the chain of the of the affected property in accordance with General Condition B on . 19— If recorced land. the instrument number which identifies this transaction is If registered land.the document number which identities this transaction is Applicant Signature 5.4A Issueo by the Department of Environmental Quality Engineering. Signature On this day of 19 before me personally appeared to me known to be the person descnbed in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My commission expires The applicant.the owner,any pension aggrieved by this superseding Order,any owner of levo scuffing the two upon wrncn me pro- posed work is to be done or any ten persons pursuant to G.L c.30A.§1 OA,are hereby notified of thew night to request an adjudicatory hearing pursuant to G.L 30A.§10.providing me request is made by certmed mad air hand delivery to the Department within ten cava tram me pate of issuance at the Supersecung Order.and is addressed to: Docket Clerk,Office of Generat Counsel.0ecartment of Environments/Quality Engineering,One Winter street.Boston.MA 02108.A copy of the request shad at the same time be sent by ceroh@d mad or hand delivery to the conservation Ca1M11aa1d1,the applicant.and any other perry. A Noabe of Claim for an Adjudicatory Meaning snarl Candy with the Oepartrnenra Rules for Atlludiratory Procesaings.31 O CMR 1.01(8).and anall contain the following mlomtation: '.. (a) the DEQE Wetlands File Number.name at the applicant and address of the project: (bl the complete name.address and telephone number of the parry tiling the request.and.if represented by counsel.the name and address of the aftpmey: jcj the names and addressee of all other parties,it known: (d) a clear and caribous statement of(1)the facts which are grounds for the proceeding.(2)the Objections to this superseding Order. including specifically the manner In which It is alleged to be inconsistent with the Depargnent'a Wetlands Regulations 1310 CMR 10.00)and owe not contribute to the protection of the Interests identified in the Act.and(3)the relief sought througn the adju- dicatory hearing,including specitieatly the changes deswed in me Superseding Order: let a statement that a copy of the request nas been sent to the applicant.the conservation commission and each other parry or rep- resentahVe of such Darty,it known. Failure to submit all necessary mtonnanon may result m a amm ssai by the Oepar menf of the Notice of Claim for an Aojud,Calory Meering. Detach on(fatted Ione and submit to the prior to commencement of work. To Issuing Authordy Please be advised that the Order of Conditions for the project at File Number has been recorded at the Registry of and has been noted in the Chan of fire of the affected property in accordance with General Condition 9 on . 19_ If recorded land. the instrument number which identifies this transaction is If registered land. the document number which identities this transaction is Signature Applicant 5-46 Form 5 DEOE File no. 64-168 (To be prowaeo by DEGEI �a Commonwealth Cityrtawn SALEM of Massachusetts " AOPIICNII iIARRTF TAT.Tn TT.T!` TRRI Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From SALEM CONSERVATIO71 C01'_1ISSI0P' DARBIE LANDING LTD. SAME To (Name of Applicant) (Name of property ownerl Address 70 Wh9rP SLIPPr Gatpm 7M n 9.70Address Same - This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) T by certified mail,return receipt requested on June 29. 1988 (date) This project is located at 10 1rr;re Strapt r qqlpm The property is recorded at the Registry of Essex South Book Page Certificate(if registered) 54080 (Document 11 198235) The Notice of Intent for this project was filed on Mav 27, 1988 (date) The public hearing was closed on June 23. 1988 (date) Findings The SA EM COT'SERVATTON (.0MMTC¢Tnnr has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Corrnission 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): ❑ Public water supply ® Flood control ® Land containing shellfish ❑ Private water supply Storm damage prevention ® Fisheries ❑ Ground water supply Prevention of pollution ❑ Protection of wildlife habitat 5.1 Effective 11/1/87 Therefore, the 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 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 fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditlons 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 property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes. ordinances, 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 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 in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, 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 Commis s ion 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 Quality Engineering, File Number 64-168 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 1 1 . Upon completion of the work described 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 speciai conditions: 5.2 II _ _ Plans: Title Dated Signed and Stamped by: On File with: Plan of land in Salem, 1,1A property o. -tes isc?or; of Darbie Landing remedial Action Summary 12/4/87 TGG Environmental, Inc. Salem Conservation Commission Special Conditions(Use additional paper It necessary) 1. Work shall conform to ab we referenced plan. 2. Work shall be conducted under direct guidance of the Salem Fire Department and the Salem Fire Marshall. 3. Any changes in the plans shall require the applicant to file a new Notice of Intent, or to inquire of the Commission in writing as to whether the changes are substantial enough to require a new filing. 4. Conservation Commission members and/or their designated agent reserve the right to enter and inspect the site during construction. 5. As-built plans stamped by a Registered Professional Engineer shall be submitted to the Commission prior to the issuance of a Certificate of Compliance. .......... . ____............. ..... ....... ....... ........ ........ . (Leave Smite 8IWkl 5-3A Plans: Title Dated Signed and Stamped bv: On File with: Special Conditions(use additional paper if necessary) ..... .......... .. ..... (Leave Space alankI 538 I ssued By ` ' ' Conservation Commission Signature(s) 7 -eel This Order must be signed by a majority of the Conservation Commission. On this flay of 19before me personalty appeared _'k P) I, to me known to be the person described in and who executed the foregoing instrument and acknowledged that helshe executed the same as his/her free act and deed. RMSET G. D'.:FO U R - My Commission b w !iry 19, 1990 Notary Public My commission expires The applicant.the owner.any person aggrieved by this Order.any owner of lutd abutting fie land upon whtoh V*9/`00030/2 work is to be done fir my ten residents of the city or town in which such lana Is looted aro hereby notified of Meir right to request pie Department of EnvkonmenW Ousitty Engfneenng to Issue a superseding Order.proviolnq the rawest is mode by carolled mall or hand delivery to the Dederbnant w cart ten dM from the date of Issuance of this Order.A Copy of the request epee at the same time be sent by caresed mad or hand delivery to the conservation COrnmissiwt and the sm"Cent. Detach an dotted tine and submit to the prior to commencement of work. ••—_. TO Issuing Authority please be advised that the Order of Conditions for the project a Fife Number has been recorded at me Registry of and has been noted in me Cham of brie of the affected property in accordance with General Condition B on.. 19 If 9If recorced two. the instrument numoer which identities this transaction is II registered and. the document number which identifies this transaction is Applicant Signature 5.4A Issuea by the Department of Environmental Quality Engineering. Signature On this day of 19 before me personally appeared to me known to be the person deschbed in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My commission expires The applicant,me owner.any person aggrieved by this Superseding Order.any owner of land abutting me lana upon wnrch the pro- posed work is to be done or any ten persons aunwant to G.L c.30A.§t OA.are hereby notified of thea right to request an adjudicatory hearing pursuers to G.L 30A.§10.providing the request is made by certmed mall or Kano delivery to the Department wimin ten days from the date of issuxtea of the Suasraading Order.and is addressed to: Docket Clark.Office of General Counsel.Department of Environmental Quality Engineen P to.One winter Street.Boston.MA 02108.A copy of the request shall at the same time be sent by certified mad or nwis delivery to me conservation commsspn.me applicant,and any other parry. A Notice at Claim for an Adjudicatory Hearing ansa comply with me Deparbnenrs Ruled Ido AdludlCatory Proceedings.31 o CMF 1.01181.and was contest the to lovong mtormaeon: (al the DECE Wedends File Number.time of me applicant and address of me protect. (b) me Complete name,address and telephone number of the party filing me request.and.if represented by Counsel,the name and address of the ettomey: (C) the names arid addresses at all CONE Demes.If known: (d) a clew and concise atshis ant of 111 the facts which are grounds for the proceeding,(2)the objections to this Superseding Order. including specobnlly the manner in which it is alleged to be mdasstent with the Deommentb Wetlands Regulations(3 10 CMA 10.00)and does not contribute to the protection of the interests identified in the Act,and(3)the relief sought through the adju- dicatory hearing,including specifically the changes desired in the Superseding Order: (e) a statement mat a CODY of the request has been sent to the applicant.the conservation commission and each other parry or red. resenshve of such party.it known. Failure to submit all necessary information may result in a dismissal by the Depwhnent of me NorCe of Claim for an AOWdlcatofy Hearing. Detach on dotted fine and submit to the prior to commencement of work. To Issuing Authority Please oe advised mat me Order of Conditions far the project at File Numoer has been recorded at the Registry of and has been noted in the chain of fire of the affected property in accordance with General Conaition a on . 19 If recorded land. the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant 5.4B 1 Y r 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued Form 3 ?` •+'�-• DEOE File No. I. s Commonwealth (To be provided by DEOE) of Massachusetts - Salem A,,k t went Darbie Landing, Ltd. Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and Application for a Department of the Army Permit Part I:General Information 1. Location:Street Address 10 White Street, Salem, MA Lot Number 2. Project:Type Coastal Description Installation of three 4,000 gallon double wall fuel storage tanks to replace tanks previously removed. 3. Registry:County EssPX Current Book &Page Certificate(If Registered Land) No. 54080. (Document #198235) 4. Applicant Darbie Landing, Ltd. Tel. Address 10 White Street, Salem, MA 01970 5. Property Owner same Tel. Address e. Representative George A. Hall , Jr. Tel. 774-7123 Address ARDIFF & MORSE, P.C. , 10 Elm Street, Danvers, MA 01923 7. Have the Conservation Commission and the DEOE Regional Office each been sent,by certified mail or hand delivery,2 copies of completed Notice of Intent,with supporting plans and documents? Yes x No O 3-1 10/18/87 (Effective 11/1/87) 310 CMR - 280.17 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued 8. Have all obtainable permits,variances and approvals required by local by-law been obtained? Yes IN No ❑ Obtained: Applied For: Not Applied For: No Permits Required By Local By-law DEQE Waterways License #250 (Book 6328, page 570) Jan. 12, 1977 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L.c. 131.640A or G.L. c. 130, §105? Yes ❑ No ❑ 10.List all plans and supporting documents submitted with this Notice of Intent. Identifying Number/Letter Title,Dale A Plan of land in Salem, MA property of Darbie Landing Limited ,Partnership, Scale: 1" = 30' December 6, 1985, Hancock Survey Associates, Inc. ..B Remedial Action Summary by TGG Environmental , Inc. , December 4, 1987. 11.Check those resource areas within which work is proposed: (a)[.N Buffer Zone (b)Inland: ❑ Bank' Land Subject to Flooding, ❑ Bordering Vegetated Wetland' ❑ Bordering ❑ Land Under Water Body d Waterway• ❑ Isolated (c)Coastal: ❑ Land Under the Ocean• ❑ Designated Port Area' ❑ Coastal Beach' ❑ Coastal Dune ❑ Barrier Beach ❑ Coastal Bank ❑ Rocky intertidal Stare' ❑ Salt Marsh' ❑ Land Under Salt Pond ❑ Land Containing Shellfish' ❑ Fish Run' Likely to involve U.S.Army Corps of Engineers concurrent puisdictiom see General Instructions for • Completing Notice of Intent. 3-2 10/18/87 (Effective 11/1/87) 310 CMR -280.18 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued 12. Is the wetland resource area to be altered by the proposed work located on the most recent Estimated Habitat Map(if any)of rare,"state-listed"vertebrate and invertebrate animal species occurrences provided to the conservation commission by the Natural Heritage and Endangered Species Program? YES ( J NO [X1 Date printed on the Estimated Habitat Map Issued NO MAP AVAILABLE [ J (if any) If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with supporting documentation with the Natural Heritage and Endangered Species Program by certified mail or hand delivery,so that the Program shall have received Appendix A prior to the filing of this Notice of Intent? YES [ J NO [ 1 Not Applicable • • 3.3 10/18/87 (Effective 11/1/87) 310 CMR-280.19 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued Part 11:Site Description Indicate which of the following information has been provided (on a plan,in narrative description or calcula- tions)to clearly,completely and accurately describe existing site conditions. Identifying Number/Letter (of plan,narrative or calculations) Natural Features: B Soils Vegetation Topography A Open water bodies(including ponds and lakes) none Flowing water bodies(Including streams and rivers) none Public and private surface water and ground water supplies on or within 100 reel of site A Maximum annual ground water elevations with dates and location of test Boundaries of resource areas checked under Part I,item 1 1 above Other A Man-made Features: Structures(such as buildings,piers,lowers and headwalls) Drainage and Ik»d control facilities at the site and immediately off the site,including culverts and open channels (with inverts),dams and dikes A,B Subsurface sewage disposal systems � — Underground utilities A . Roadways and parking areas Property boundaries,easements and rights-of-way Other Part III:Work Description Indicate which of the following information has been provided(on a plan.In narrative description or calcula- tions)to clearly,completely and accurately describe work proposed within each of the resource areas checked in Part I,Rom.I I above. Identifying Number/Letter (of plan,narrative or calculations) Plainview and Cross Section of: A Structures(such as buildings,fliers,towers and headwa9s) Drainage and flood control facilities.including culverts and open channels(with Inverts), dams and dikes A Subsurface sewage disposal systems 6 underground utilities Filling,dredging and excavating.Indicating volume laid composition of material Compensatory storage areas,where required In etkordance with Part ill,Section 10:57 (4)of the regulations Wildlife habitat restoration or replication areas T_ Other Point Source Discharge Description of characteristics of discharge from point Source(both closed and open channel),when point of discharge falls within resoutde area checked under Pert I.Item I 1 above,as supported by standard engineering calculations,data and plans,Including 1, but not limited to the following: - 3-4 10/18/87 (Effective 11/1/87) 310 CMR - 280.20 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued 1. Delineation of the drainage area contributing to the point of discharge; 2. Pre-and post-development peak run-off from the drainage area,at the point of discharge,for at least the 10-year and 100-year frequency storm: 3. Pre-and post-development rate of infiltration contributing to the resource area checked under Part I,item I 1 above; 4. Estimated water quality characteristics of pre-and post-development run-off at the point of discharge. Part IV:Mitigating Measures 1. Clearly.completely and accurately describe,with reference to supporting plans and calculations where necessary: (a) Ali measures and designs proposed to meet the performance standards set forth under each re- source area specified in Part 11 or Part III of the regulations;or (b) why the presumptions set forth under each resource area specified in Part 11 or Part III of the regula- tions do not appy. ❑ Coastal Resource Area Type: IdenalykV number or letler ❑ W"Ki - of support doaanenta No resource areas to be altered. . ❑ Coastal Reeaaee Mas Type: Iden#tyhV number or letter ❑ b WW of support dopunenls • 3-5 10/18/87 (Effective 11/1/87) 310 CMR-280.21 - 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY F.NCINBERING � 10.99: continued • 0 Coastal Resource Nae Type: Wenulykq camber w letler O kJand of Support document' 2. Cleary,completely and accurately describe,with reference to supporting plans and calculations where necessary: (a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter an area specified in Part I,Section 10.02(1)(a)of these regulations;or (b) if work In the Buffer Zone will alter such an area,all measures and designs proposed to meet the performance standards established for the adjacent resource area specified in Part 11 or. Part III of these regulations. } coaslel Res=ce Area Type Bordered By t 00.Fcot Diacrelbnary Zone: benlifykq number w letter o kdya Coastal Bank & Land Under the Ocean ofsupoondocuments 4„ Installation of replacement tanks and conduit to be conducted entirely in the buffer zone in paved, lev 1 area adjacent to armored coastal bank. Applicant A,B will take any steps necessary to prevent erosion of such material into adjacent resource areas. No alteration of the coastal bank or land under the ocean is anticipated or proposed. S£ RI yYY 38 10/18/87 (Effective 11/1/87) 310 CMR - 280.22 r 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued Part V:Additional Information for a Department of the Army Permit 1. COE Application No. 2. (to be provided by COE) (Name of waterway) 3. Names and addresses of property owners adjoining your property: 4. Document other project alternatives(i.e.,other locations and/or construction methods,particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands). S. BX"x 1 I" drawings in planview and cross-section,showing the resource area and the proposed activ- ity within the resource area.Drawings must be to scale and should be clear enough for photocopying. Certification is.required.from the Division_of Water Pollution.Control before the Federal permit can be Issued.Certification may be obtained by contacting the Division of Water Pollution Control,I Winter Street, Boston,Massachusetts 02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program,the applicant certifies that his proposed activity complies with and will be conducted In a manner that is consistent with the approved program. Information provided will be used In evaluating the application for a permit and Is made a matter of public record through issuance of a public notice.Disclosure of this Information Is voluntary,however,if necessary Information is not provided,the application cannot be processed nor can a permit be Issued. I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying pians,documents and supporting data are true and complete,tb the best of my knowledge. Signature of licant Date _ 2-1, �Rsg Signature of Ilca 14 RepresentaW4Date FORM L..pu.. 1.IMO Z",.ppt...d by aQUBACs,t M.r fur". NED 100 (TEST) 1 MAY 82 Thb MwoU<..ldo.Isl.t Dqul.ot or IM Arq ud Blsp or M..n<hveit. .ppllatb. t.. . 1...11 1.14t.l.po.d..N,to f.rt.r..01,111.. I.UdtN ebt.. toter..n.Unit. of M........I..d B.dpt(OMB)bon.......4 the..0...11...r..o1rN by th.U9 Ar.,C.,,. • or Intl......OMB Nowt..0702-0016 nod upl..liu 41.d 20 Bgt..b.. I9113.ppll..'. this st.N..nt.111 bo..t is f paint typo. 3.7 10/18/87 (Effective 11/1/87) 310 CMR- 280.23 ENVIRONMENTAL INC. A Subsidiary of The Geotechnical Group Inc. December 4, 1987 File No. HE2059.1 Darbie Landing Marina 10 White Street Salem, Massachusetts 01970 Attention: Mr. Joel Schwalbe Re: Remedial Action Summary Darbie Landing Marina Salem, Massachusetts Gentlemen: This letter is written to summarize remedial measures undertaken at the Darbie Landing Marina following the detection of apparent petroleum contaminated soils and groundwater in the vicinity of the underground fuel and waste oil tanks. These previous environmental studies were discussed in our Preliminary Environmental Assessment Update Report, dated October 26, 1986. Remedial work to "chase out" contaminated soils and remove .the three 3,500 gallon underground gasoline/diesel tanks and 1,000 gallon waste oil tank was undertaken by Jeffrey Chemical Company, Inc, and New England Industrial Waste during November 5, 6, and 10, 1987. Work was observed on a full-time basis by a TGG Environmental, Inc. geologist. DEQE was notified of the planned remedial measures in telephone conversation of October 27, 1987, with Mr. Bill Luther of DEQE Incident Response. Criteria for excavation and segregation of contaminated soils were subsequently provided by Mr. Roger Chu of DEQE during a conversation on October 29, 1987. According to Mr. Chu, soils producing reading in excess of 10 "units" with a portable photoionization detector would be considered contaminated. In addition, observation of the work by DEQE would not be required unless "heavy" contamination or free product was encountered. Limits of soil contamination, as judged by field screening with a portable photoionization detector, were achieved by excavation at the three 3,500 gallon fuel tank site. Subsurface conditions exposed by these excavations indicated that the tanks had been installed in a deposit of fine-grained dredged fill material with the tanks bearing on a concrete slab and the tank area backfilled with granular soils. Limits of excavation extended laterally to the surrounding fine-grained dredge fill and vertically to the concrete slab. IOO CRESCENT ROAD, NEEDHAM, MA 02194 "telephone 617-449-6719 Based on field screening results, it appeared that soil contamination was substantially limited to the granular backfill soils, with the relatively low permeability dredge material acting to some degree as a barrier. Significant groundwater seepage into the excavation was not experienced. Field observation during the work suggested that the contamination most likely originated from a combination of surface spillage through the tank fill openings and by leakage from a small (1/16 inch) diameter hole discovered in the bottom of the dented 3,500-gallon tank (which previously failed petrolite tests) . The limits of excavation and locations of screenings are shown in Figure 1; screening results are attached for reference. At final limits of excavation, an estimated 200 cubic yards of oil/gasoline contaminated soil had been stockpiled on-site pending disposal under manifest by Jeffrey Chemical Company. Significant quantities of .free product were not encountered. Final limits of soil contamination were not achieved at the waste oil tank as further excavation was limited by access along the roadway and by active utilities serving the building. However, test pit excavation (TP-9) approximately 20-feet beyond (and down gradient of) the tank excavation indicated that - the level of contamination was attenuating. The limits of excavation and location of the test pit are shown in Figure 2; screening results are attached for reference. Observations indicated that the contamination in the area of the waste oil tank originated from surface spillage around the fill opening and from leakage from the end cap of the tank which separated during the excavation. After final limits of excavation had been achieved, approximately 25 to 50 cubic yards of waste oil contaminated soil and 750 gallons of groundwater (in drums) were stored on site pending disposal by Jeffrey Chemical Company. Captain Turner and Inspector LaPointe of the Salem Fire Prevention Bureau visited the site periodically during the work. It was their ,judgment that the fuel tank excavation had been carried to satisfactory limits and that the concrete slab underlying the gasoline tanks could remain in place. In addition, the waste oil tank could be backfilled with concrete slurry and remain in-place as the active utilities for buildings were located over the tank. Selected soil samples from each excavation and groundwater samples from adjacent observation wells B-LA and B-3 were recovered by TGG Environmental and submitted to ENESCO of Cambridge, Massachusetts for quantitative chemical analyses. The purpose of these tests is to supplement field screening and to provide quantitative data on groundwater quality. Analyses were assigned for volatile organic compounds (EPA 624) , oil and grease and EP Toxicity Metals (waste oil tank only) . Results are expected by the week of December 7, 1987. We are currently planning a series of supplemental observation wells in the vicinity of the waste oil tank as discussed with Joel Schwalbe to develop additional groundwater quality data in this area. However, based on conditions encountered to date, and considering settling of the site, it is our opinion that requirements for additional remedial ' measures would be limited to excavations within the immediate vicinity of the waste oil tank. According to Mr. Schwalbe, this work could be accomplished during the planned future development of the site. This report was prepared for the exclusive use of the named addressee, his title insurer, attorney and lender solely for use in an environmental evaluation of this subject site in connection with the proximate development of the property. This report was prepared in accordance with generally accepted geotechnical engineering practice and in accordance with the attached Conditions of Engagement. No other warranty, expressed or implied, is made. We trust the enclosed information satisfies the current project needs. If there area any questions, please do not hesitate to call. Very truly yours, TGG ENVIRONMENTAL, INC. Elliot I. Steinberg, E. Principal LD/lp cc: Carla Cox/Ardiff & Morse Richard Baird/Goodwin, Proctor & Hoar Attachments: Figures Screening Results Conditions of Engagement ■ Restroom/Laundry c i;;;i; i;i; LEGEND: Bu'ldin$.:`.:fc Location- of boring conducted XX ■ September 30, 1987. ■ *B-3 Location of test pit excavated ■ November 10, 1987. ■ TP-9 ■ ■ A-2 ► Location of preliminary ■ screenings ■ ■ NOTES: Location of borings, test pits P A R K I N G A R E A ; and excavation limits determined ■ by tape measurements and should ■ be considered approximate. ■ ■ ■ ■ ■ ■ exp sed utilities limits of excavation i A ■ A A— * ■ A-2 B-3 ■ .:*—waste oil tank TP-9 ; A-31 ■ ■ ■ ■ ■ ..� Office/Shop• Building '�.`>: �iit$i�i� Sc� : i ■ ■ '— DARBIE LANDING MARINA SALEM,MA 0 z REM Ne. I DAT[ I INT I DESCRIPTION 0 DRAWN BY: CHECN[D [T: N WASTE OIL TANK EXCAVATION DATE! 11/10/87 SCALE: 111=101 JOB NO. HE2059. 1 2 A F-2 A F-1 LEGEND: Location, of / F-1 soil screen imits of initial excavation / ings conduc ed on excav tion faces I F-7 F-3 Notes: Location of screenings and outline of excava- tion based on tape mea- Existing Concrete Pad _ suements and should be (at bottom of excavation) considered approximate. 24' x 20.5' Final dimensions of 'ex- cavation: 37'x3O'x9' l F-4 F-5 F-6 . -limits of final excavation—� I t4—additional excavation to depth of 3 feet m DARBIE LANDING MARINA, SALEM, MA e REFI No. DATE INT I DESCRIPTION TANK REMOVAL AND EXCAVATION SITE ("3 TANK SITE") [DRAWN BY: CHECKED BY: DATE: 11/6/87 SCALE: 1"=5' JOB NO. HE2059. 1 CITY OF SALEM CONSERVATION COMMISSION will give a public hearing under the Wetlands Protection Act Mass. G.L. Chap. 131 Section 40, at the request of Darbie Landing LTD. The proposal involves the installation of three 4000 gallon double wall fuel storage tanks, on White Street. The proposal is within 100 feet of a coastal bank. This hearing will be held on Thursday, June 9, 1988, at 7:30 p.m. . One Salem Green, second floor conference room. Philip D. Moran Chairman June 2, 1988 b �� •�z CJtlilse Yatim CVill111L nm Salem. Massachusetts 01970 AIAS E� 5� CITY OF SALEM CONSERVATION COMMISSION Will hold a continued public hearing under the Wetlands Protection Act, Mass. G.L. Chap. 131, Section 40, at the request of Darbie Landing Ltd. The proposal involves the installation of three (3) 4,000 gallon double wall fuel storage tanks on White Street. The proposed work is within 100 feet of a coastal bank. This hearing will be held on Thursday, June 23, 1988, at 7:30 p.m., One Salem Green, Second Floor Conference Room. Philip D. Moran Chairman i June 16, 1988 _4 This notice Posted on "Oofieial. Bulletir. Board" City Hall Ave . , Salem, Mass . on ��c��� /(, 15 FF9 at y; 16 /11 yq in accordance with Chap. 62C . of the Acts of 1958 . M39WP 4': G�e�uu�i��ei�Ga�C�rwui�o.z..u�z.�aL/<<)cca.�Gd, �i�u�eeKur� -� �. ��,eCiu�ia/fcri2 �aatcuz = .�cuJ/zeaaG� z S. RUSSELL SYLVA 5 �a�rur22nct�ecz�C�z �caPiuce Commissioner G� � ✓ i�ca.etfi 0�80� ��Ub1 2 D' � .. 935-2160 DATE: pp-� 6 T ASSIGNED FILE NO: j F The Division of Wetlands is in receipt of'an application filed under M.G.L. Chapter 131, Section 40, the application is in the name of: APPLICANT: /h, Q1 1 ' �fd, OWNER OF LAND: 1» ism- lee, PROJECT LOCATION: t sLCT: PROJECT REVIEW ( ) The application is incomplete. No file number will be assigned until material checked below is submitted to this Office: ( ) Notice of Intent ( ) Plans ( ) Project requires the filing of a Form 3 (Notice of Intent) rather than Form 4 (Abbreviated Notice of Intent) ( ) Locus �% WATEIMAYS REVIEW (V) Project may require a Chapter 91 License-Project has been referred to Waterways. ( ) Preliminary review indicates that the project does not require a Chapter 91 License. However, should further review indicate that the project may require a Chapter 91 License, the Department reserves the right to refer the project to Waterways at that time. ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF FILING SUBMITTED, NOT APPI�OVAL OF THE APPLICATION. Very truly you , Sabin M. Lord, Jr. , Deputy Regional Environmental Engineer cc: Conservation Commission,,� C CU�A,lON G �P`�w Z. • 'OL0 XTs ENC�R04CA/,c/EN /nlro NQRBOR 11100D &AZ-01N65 AREA F/L[ED w1r110a7 •� \ xON f0/YC�ETE L/CENSE.PR/o,2 To 19,31 C.C.C. /4857 Q) �-14G `'�`�\ \\ .SQL. srREET PILINGS SONS AC = 2800 `-s.F '`?oma FT, �� \ A/jll UNE y BU/LD/NG /POOP (� D!/E/L d.,V6 Z"OfF .� ��u P,e o,� FToz No��1oWNSE. N /r cUs UG,U T L L7CUS ,, �� T+�� ON L.C.G /4�"7,4-) j 13 L LJILDINCr fsz Z 5x Z.4 <4TIE r `v �.� Col?.BUILD/�5 FD.) - OPENE/z BOX Q ti �.__� O/5 OFF LD �40 , -� n- . �,• ,, w�L�- QBovE- 1l.5SESSOZS /(i11JP 4/ w/GONG. B�JSE I _ 5 3 °ZZ NK:FENCE : . ?io? __. 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M..570- "J 9OI)SE ON T/1E CG MNE2 OF DE/loY e OekNGE STS. 5,4L Elul U.4. AOR REG/5TIC Y USE ONLY . PROPERTY OF k D,41?DIE Z.JNOIN6 m i t / 59OWN ON T///5 PLJNCE2T/FY T// /V/TED PP��rM��St1PT/ E /NES 4RE WE 0/V/D/N6 EX/ST/NG OIYNE/Z.S11/PS BIND TyE UNES / CE2T/FY T//.4 T T1//5 PL.�JN CONFOILW5 OF T//E- sT/ -ED'S 4/YD l�V�1YS S//D!'f�iV t!/ZE T//05E DF PL/BLIC 02 SC4L E- /" = 30' DEC. , /985 TO T//E /ZULE5 .IND /ZEGUL4T/DNS OF T//E P2/YLlTE STREETS O,e !-ti�YS ,4LltE�10Y EST<1BL/SA1E0 AND T/I,4T.No �f ^ AONCOCK SU2VEY Z550C/,4TESINC ZEG/STEPS OF DEEDS. ', NEW L/NES f0Z D/V/S/ON OF EXIST/NG D!?i/I/E�PS/!/P5 D,P f'O? • � � -� PVAY5 la2E S�/Dl�VN. 69 MOLTEN ST, OQNVE,PS , ,1�f4• FEET DLJ 1 E�� O /O 30 GO REG%5TE/ZE P/ZOFE.55/ON,4L L ND .5VEMEY02 0 5 /0 zO 30 ,QP2/L /96& _ �ti1ETE,eS REV/SED : 41,4RCH .31, /9L Z5 L