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5 FOSTER COURT - CONSERVATION COMMISSION (002) / ��R�A -� �s�r CP J i oR�G,NAL. GULF OF MAINE RESEARCH CENTER INC. i Request for Determination of Applicability Under the Massachusetts Wetlands Protection Act(M.G.L. c.131, § 40) I For Property at: 5 Foster Court Salem, Massachusetts Prepared for: Foster Court LLC 733 Turnpike Street,BMP 184 North Andover,Massachusetts I Prepared by: Gulf of Maine Research Center,Inc. 204 Lafayette Street Salem,Massachusetts December 19,2002 I GMRC No. 4173W ENVIRONMENTAL CONSULTING SERVICES I I i I i GULF OF MAINE RESEARCH CENTER INC. ' REQUEST FOR DETERMINATION OF APPLICABILITY 5 Foster Court Salem,Massachusetts ' INDEX ' WPA FORM 1 ' REQUEST FOR DETERMINATION OF APPLICABILITY, pages 1-4 ' ATTACHMENT]: WETLAND REPORT Wetland Report, 5 Foster Court, Salem,MA. Gulf of Maine Research Center,Inc.,December 18, 2002 ATTACHMENT 2:LETTER REGARDING SITE CLEANUP ' Letter from David R. MacDonald,P.G.,L.S.P.,to Joe Neardon,City of Salem December 9, 2002 ATTACHMENT 3:SITE PLAN ' Topographic Plan Located in Salem,Mass. Eastern Land Survey Associates, Inc. ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem ` WPA Form 1- Request for Determination of Applicability cityrrom Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the Foster Court LLC, c/o Dave Zaloga and Dick Jones computer, use only the tab key Name E-Mail Address ' to move your 733 Turnpike Street,BMP 184 cursor-do not Mailing Address use the return North Andover MA 01845 ' key.tl cityrrown State Zip Code (978)683-5247 Phone Number Fax Number(d applicable) ' 2. Representative(if any): Gulf of Maine Research Center Inc. Firm ' Joseph H. Orzel gmrcorzel(&earthlink.net Corded Name E-Mail Address 204 Lafayette Street Mailing Address Salem MA 01970 CAy/Town State Zip Code (978)745-6618 (978)741-8648 Phone Number Fax Number(if applicable) B. Determinations 1. I request the Salem make the following determination(s). Check any that apply: Conservation Commission ' ® a.whether the area depicted on plan(s)and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ' ❑ b. whether the boundaries of resource area(s)depicted on plan(s)and/or map(s) referenced below are accurately delineated. ' ❑ c. whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act. ® d. whether the area and/er wrerk depicted on plan(s)referenced below is subject to the jurisdiction ' of any municipal wetlands ordinance or bylaw of: Salem Name of Municipality t ❑ e. whether the following scope of altematives is adequate for work in the Riverfront Area as depicted on referenced plan(s). ' vmefortn7,tloc•Aooan4lx A•rev.11/11/00 Pace r a4 I ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem ' WPA Form 1- Request for Determination of Applicability cayrrmn Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I ' C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 5 Foster Court Salem Street Address City/Town Map 17 Parcels 47 61,293, 323, 324 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): ' The site consists of approximately 60,475 cnuare feet of land bounded by Foster Court to the north Lovett Street to the southwest, and residential properties along Balcomb Street to the east A Negative Determination of Applicability (Negative 91 i.e the area is not an area subject to protection under the Act)was issued previously for this site in Sentember of 1999 A drainage ditck ' which is part of the Salem storm drainage system_ is located on the site This ditch apparently receives drainage from catch basins located m Goodell Street. Lovett Street and Foster Court In addition_ there are two catch basins. installed by the city of Salem in 1997 located on the site which apparently drain into this ditch. A recently created drainage Swale is located on the site between ' Foster Court and the ditch. Based on recent site inspections, there are no jurisdictional wetlands upmuadient of, or bordering, either the ditch or Swale Because both the ditch and the drainage swale are intemmittent and upgradient of any bogs swamps• wet meadows or marshes they are not ituisdictional streams under the Massachusetts Wetland Protection Act (MGL c.131, S 40) and Rations (310 CMR 10.00). It is GMRC's opinion that there are no Jurisdictional Wetland ' Resource Areas present at the site. See RDA Attachment I (Wetlands Report) for further details ' c. Plan and/or Map Reference(s): SEE RDA ATTACHMENT 3 Topographic Plan Located in Salem,Mass. Prepared by Eastern Land Survey Associates,Inc. May 8 1998 Revised Dec 5 2002 Title Date Title Date I ' 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): Several changes have occurred at the site since the previous Negative Detemtination was issued ' Activities that occurred at the site after the previous Negative Determination was issued include: a) removal of three former manufacturing buildings: b) removal of contaminated fill materials c) ' filling a portion of the drainage ditch: and d) creation of a shallow drainage swale in the area of the former buildines to cam runoff from Foster Court to the ditch. See RDA Attachment 2 for a description of the site clean no activities and RDA Attachment 3 (Site Plans) for existing site conditions. ' woffimml.dM Aomnddw A•nrr.1 Ia=0 Pe 2o(4 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem ' WPA Form 1- Request for Determination of Applicability c4nown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 t ' C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant ' from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). ' 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ' ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before Bf7/96 ' ❑ New agriculture or aquaculture project ' ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ', ' ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality ' Certification from the Department of Environmental Protection. b. Provide evidence(e.g., record of date subdivision lot was recorded) supporting the classification III above(use additional paper and/or attach appropriate documents, if necessary.) �,I , vma.W.dw•Ape i.A•rev.I IMMO Pape 3 of i ' 12/19/2002 16:27 9787418648 GULF OF MAINE PAGE 07 Massachusetts Department of Environmental Protection Salem t Bureau of Resource Protection -Wetlands cyrrown - WPA► Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c- 131, §40 D. Signatures and Submittal Requirements ' I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. ' 1 further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office(see Appendix A)were sent a complete copy of this Request(including all appropriate documentation)simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. ' Name and address of the property owner: The Ruggles-Klin emaan Manf> ctunng Compatty -- Name 78 Water Street _.. ._.. . . .. . . Me"Address -- -- --- ' CWTOwn MA 01915 State —_ --... ...._�..-. _..—_...... ._— . Zip Code ' Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in aecordan ith Section 10V)(b) of the Wetlands Protection Act regulations. ee�c� of Date ....---. Date t GULF OF MAINE RESEARCH CENTER INC. ATTACHMENT I Wetlands Report to accompany a Request for Determination of Applicability For Property At: ' S Foster Court Salem, Massachusetts ' Prepared By: ' Gulf of Maine Research Center, Inc. 204 Lafayette Street Salem,Massachusetts GULF OF MAINE RESEARCH CENTER INC. ' ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 ' December 18, 2002 18 FAX (978)74168648 Salem Conservation Commission 120 Washington Street Salem,MA 01970 RE: 5 Foster Court, Salem,MA Wetlands Report 1 I ' Dear Commission Members: ' On behalf of the applicant,Foster Court LLC, Gulf of Maine Research Center,Inc. (GMRC) has prepared this Wetlands Report for property located at 5 Foster Court in Salem,MA(see Figure 1, Site Locus). This report accompanies a Request for Determination of Applicability being filed for the property. A Negative Determination of Applicability was issued previously for this site in September i ' of 1999 (see Appendix A of this report), at which time the Salem Conservation Commission determined that there were no jurisdictional wetlands present at the site. However,because it has been more than three years since the previous Determination, a new Determination is being ' sought. On December I Ith and 12`h of this year, GMRC personnel inspected the site for the presence ' of jurisdictional Wetland Resource Areas. The purpose of this report is to describe current site conditions with respect to the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §. 40,the "Act"), and Regulations (3 10 CMR 10.00,the"Regulations"), and to provide an opinion ' regarding the presence of any jurisdictional Wetland Resource Areas on the property. STTE DESCRIPTION The subject property(i.e. the "site")consists of Lots 47,61, 293, 323, and 324 on Salem Assessors Map 17, and is currently owned by The Ruggles-Klingemann Manufacturing ' Company. The site consists of approximately 60,475 square feet of land bounded by Foster Court to the north,Lovett Street to the southwest, and residential properties along Balcomb ' Street to the east. A drainage ditch, which is part of the Salem storm drainage system, is present on the site. « '«, ^' ate- � � �� , - �, ^. ,✓ � e_^,r,b, ,o ! 1 � F 4 t � � i." �a.-r -:ice. •.—e - .+"4 9, � _ -i Rpilj n4 1 FIGURE 1 North SITE LOCUS SITE: 5 Fost&'Court, Salem, MA ' BASE MAP: USGS Topographic Map, Salem Quad., (1985) SCALE: 1:25,000 (contour interval = 3 meters) ' GULF OF MAINE RESEARCH CENTER 1 GULF OF MAINE RESEARCH CENTER INC. 1 At the time the previous Negative Determination of Applicability was issued,the site contained three manufacturing buildings. In the three years since that Determination was issued, 1 the buildings and hazardous fill material were removed from the site,and a portion of the ditch was filled. A letter describing the general site history and hazardous material clean up is included with the Request for Determination of Applicability(RDA Attachment 2). 1 Tonography and Water Bodies/Waterways 1 The accompanying site plan (RDA Attachment 3) shows elevations at the site generally between 71 and 74 feet. The majority of the site is fairly level, with grades sloping down 1 from the adjacent roadways and yards onto the site. The National Wetlands Inventory map of the site(Figure 2) shows no wetlands or waterways on or in close proximity to the site. 1A drainage ditch is located in the central portion of the site. This ditch apparently receives drainage from catch basins located in Goodell Street,Lovett Street, and Foster Court. In addition,there are two catch basins, installed by the city of Salem in 1997, located 1 on the site which apparently drain into this ditch. Within the drainage ditch, water flows intermittently from west to east across the site and exits the site in a pipe beneath an abutting property on Balcomb Street. The pipe discharges into the North River Canal approximately 1 2,500 feet from the site. A drainage Swale and several shallow depressions, located in the general area of the 1 former buildings, contain shallow surface water from stormwater runoff. The swale carries runoff from Foster Court and portion of the site into the drainage ditch. At the time of the site inspections, the swale and several depressions on the site contained several inches of 1 water. Within the ditch, water was up to approximately one foot deep; however, flow was blocked by accumulated debris at the pipe where the ditch exits the site. 1 Soils 1 As indicated on the SCS Soil Survey Map(Figure 3), soils at the site are mapped as Urban Land(Ur). Based on site inspection, soils at the site consist of historic and recent fill material. The attached letter from Woodard&Curran(RDA Attachment 2)provides a 1 description of the historic fill materials encountered at the site during clean up activities, and indicates that recent fill material consisted of clean, uncontaminated soils. 1 During site investigations,a hand auger was used to examine soils for hydric characteristics at several locations at the site. Relatively undisturbed soils observed on the banks of the ditch were non-hydric; however, it is likely that hydric soils are present within 1 the bottom of the ditch. There were several soil mounds observed along the ditch that were likely dredged from the ditch. These soils may have been dredged during maintenance of the ditch in 1997, when catch basins were installed on the site by the city of Salem. 1 � 1 1 1 ArcIMS 3.0 HTML Viewer Map 1 Stotts 1 WaI Wds turd XM4 f"" ® Risnd ftm*d Mend 1 � RiaMWan3acRauRwnsR�sl #t.�sawse and `1 ■ POO THE SITE ' Pum Aoq F aar�xwg�eera wr•m.rf "��"'`�.,•�• �•'� � 4Rttrlrw�Pt1aMtH 1 "'���. 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R 'Y// 41�S�n•.mow."\r Sr� ^lay'� 1• - y' jfy �. � �� k' j t%^ I � •vy a � �� cIIl' "'�'Y�2h_S>'l.�lyyatt(faf 'r tiJ`a Zr.�^•.• � 1 �.w P' �� e�'r'. +.P9y � 1'k� `fYn� � y tf. �• <. � -_ av A `. � � S �� .! ! � �� �`" +i�ti 1 v!fit j pa)��'a��° .�v ✓�4.r :<1 • / /: •���� S -�� i. � �t>ti � /\ !`a�'�, t gt rsfi' .,^r �� ,qr�'�lE i �. �f�` :�.. a3/,+.a,. �.0 'tieai' �;2CS;,F �� � �•" y n, �` t t,�., �b ,'r• '�"� In Sr _ '?'Y Sy�.( � X�ti� �O L� 11 y� � +lip �J t i�ti� 1 r ��•�[� .,t ' a4���� 1�!` � y � � � J(y� t ,�Ys��r- ss"�vG�i �v�1 'l�-,.�',�{��la'LS•�Sy TY•"�f•\r` � 3 1�N Yf /"VJc r +[ Ft ��¢y"�rp 74?I �"�ti�+ i.s4r, ;�fr .� +G7�' s< "� :�Lr++`; ,$•Q../�.Y,k.;�€r. �� -•rC Jcp�V•'. U• 'E''..'.5) .A I ,E , r m w Min IN SOEL SURVEY I 1 SITE: 5 Foster Court, BASE ' • : Soil Suuex of Es1 1 • . i 1 S • GULF OF MAINE RESEARCH CENTER INC. Vegetation ' Vegetation on the north and west portions of the site (i.e. the area where soil was replaced) is dominated by upland pioneer species such as common mugwort(Artemisia vulgaris,UPL),evening primrose (Oenothera biennis, FACU-), Queen Ann's lace(Daucus ' carrota, UPL),mullien(Verbascum thapsus, UPL),timothy(Phleum pratense,FACU), foxtail grass (Setaria sp.), various other grasses, and clover(Trifolium sp.). Within portions of the area of the former buildings,vegetation is similar but relatively sparse. ' Along and southeast of the drainage ditch the site is generally wooded. Along the south side of the ditch,vegetation is dominated primarily by Japanese knotweed(Polygonum ' empidatum,FACU-). Other vegetation observed along the ditch includes quaking aspen (Populus tremula, FACU),red maple(Acer rubrum, FAC), gray birch(Betula populifolia, FAC), and black cherry (Prunus serotina,FACU). Common vegetation observed southeast ' of the ditch includes Japanese knotweed,Norway maple(Acer platanoides, UPL),and tree- of-heaven(Ailanthus altissima,UPL). ' Some hydrophytic vegetation was observed at the site. Beggar ticks (Bidens sp.)and common reed(Phragmites australis,FACW) are present within some of the shallow depressions in the area where the buildings and soil were removed. Within the drainage swale and ditch, scattered clumps of soft rush(Juncus effusus, FACW+)are present in the bottom of the channels. Flood Zones ' The FEMA Flood Insurance Rate Map for the site(Community Panel Number 250102 0001 B, August 5, 1985) is included in Figure 4. Based on this map, the site is within a Zone C area of minimal flooding. Salem Wetland District ' Under the Salem Zoning Ordinance(Paragraph P),the Flood Hazard District follows the boundaries of the 100-year floodplain, and the Wetland District is defined as: ' i)"...the areas designated on the maps titled"Wetland Areas of Salem, Massachusetts",Nos. 01 through 31, prepared by Dr. Jerome Long, dated March 15, 1977, ..."; and, ' ii) "All saline waters and land from the mean high tide seaward to the municipal boundaries. Mean High Tide is elevation 8.8 feet Mean Low Water (4.44 feet Mean Sea Level)." ' Because there is no 100-year floodplain indicated at the site on the FEMA Flood Map, there is no Salem Flood Hazard District on the site. A"Wetland Areas of Salem, ' Massachusetts" map for the site (i.e. Wetland Map 17)was not on file at the Salem Engineering Office. It is assumed that there are no Salem Wetland Districts present on the site. �r THE SITE ` / �0 f 5� r` ;,✓ /• l -r't`e ••• 1"\(n. �/� \ \\\ t 0 `e l+ f i z- 1 FIGURE 4 North F.E.M.A. FLOOD INSURANCE RATE MAP FIRM SITE: 5 Foster Court, Salem, MA BASE MAP: FIRM Panel No. 250102 0001 B (August 5, 1985) ' SCALE: Approximately 1" =200' ' GULF OF MAINE RESEARCH CENTER GULF OF MAINE RESEARCH CENTER INC. ' Rare Wildlife Habitat and Vernal Pools ' The map of Estimated Habitats of Rare Wildlife and Certified Vernal Pools included in the most recent edition of the Massachusetts Natural Heritage Atlas(1999-2001, Salem Quad.) shows no rare wildlife habitats or certified vernal pools at, or in close proximity to, ' the site. In addition, the Massachusetts Aerial Photo Survey of Potential Vernal Pools (Spring 200 1)also shows no Certified or Potential Vernal Pools anywhere near the site (Figure 5). ' WETLAND RESOURCE AREAS ' It is GMRC's opinion that there are no jurisdictional Wetland Resource Areas present on the site. Although there is a drainage ditch and a drainage swale present on the site,there are no jurisdictional wetlands upgradient of, or bordering, either the ditch or swale. Therefore,because ' both the ditch and the drainage swale are intermittent and upgradient of any bogs, swamps, wet meadows or marshes, they are not jurisdictional streams under the Massachusetts Wetland Protection Act(M.G.L. c.131, §. 40) and Regulations (3 10 CMR 10.00). ' Some hydrophytic vegetation, and likely hydric soil, is present within the drainage ditch but is confined to the bottom of the channel. There is also scattered hydrophytic vegetation within ' the bottom of the recently constructed drainage swale. These areas would be considered vegetated bank(non jurisdictional bank)and not Bordering Vegetated Wetland because the ' hydrophytic vegetation is confined to the bottom of these channels (i.e. below the mean annual flood level). Although some hydrophytic vegetation is present within shallow depressions in the area of the former buildings, the soils are non-hydric(recent fill in most areas). Therefore,these ' areas are not Isolated Vegetated Wetlands under federal jurisdiction. ' CONCLUSIONS Based on information reviewed and on-site investigation, it is my opinion that there are no jurisdictional Wetland Resource Areas present on the site. Therefore, on behalf of the applicant, ' I respectfully request that the Salem Conservation Commission again issue a Negative Determination of Applicability for the site, specifically, that the area is not an area subject to protection under the Act(i.e. Negative#1). ' If you have any questions or require further information regarding this matter, please contact me or Dr. Hugh F. Mulligan at the letterhead address or phone number. ' Si erely, ' Joseph H. Orzel Senior Wetland Scientist ��+ � .�{ JI s l�7 � '} •"'^9 +^ Vim.. r '}� # < , }, } � r •„ ��4EJ t':"�'"�SVd .� i. "'yx._.�X�. ,�q t� ' ,u � y ��Ci .� 1 4 f � .. �, 'i��, � -.�� �.• '�� s 4 i 1"!'T^ti IIM1N'�"kUS.Yi. s4IDi Y ,'�j�. w. > � �' � �" s �. L'' I � dF•ta�.fo 9t � '+r a 4 �°` �" z �` ti� ��� r '�^S4 It�# � � 6� ^� i 5 �x sem+ �� � fT �•�' `x: 1 c r r ,a, i FIGURE 5 North NHESP CERTIFIED & POTENTIAL VERNAL POOLS SITE: 5 Foster Court, Salem, MA ' BASE MAP: MA Aerial Photo Survey of Potential Vernal Pools, Spring 2001 SCALE: Approximately 1:25,000 ' GULF OF MAINE RESEARCH CENTER GULF OF MAINE RESEARCH CENTER INC. 1 APPENDIX A ' September 1999 ' Determination of Applicability ' For Property At: ' 5 Foster Court Salem, Massachusetts 1 t 1 1 , 310 CMR 10 . 99 DEP File No_ ' (To be provided by DEP) Form 2 City/Tmn galnn t Applicant Ruaal� � Kl i naoma, Covmionweal th Of Massachusetts Date Request Filed 8/11/99 ' Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 ' From Salem Conservation Commission Issuing Authority ' To Ruggles Klineman Manufacturing (Name of Person making request) (Name of property owner) Address 78 Walter St, Beverly MAAddress iThis determination is issued and delivered as follows: ® by hand delivery to person making request on 9/8/99 (date) ❑ by certified mail, return receipt requested on (date) ' Pursuant to the authority of G.L. c.131, §40., the Commission has considered your request for a Determination of Applicability and its suD- porting documentation, and has made the following determination (check whichever is applicable) : Location: Street Address 5 Foster Court ' Lot Number: Map 17 Tat 47 ' This Determination is positive. I . ❑ The area described below, which includes all/part of the area described ' in your request, is an Area Subject to Protection Under the Act. Therefore, any removing, filing, dredging or altering of that area requires the filing of a Notice of Intent. ' 2 . ❑ The work described below, which includes all/part -of the work described ' -in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. Therefore, said work requires the filing of a Notice of Intent. ' 2-1 Effective 11/10/89 1 1 ' 3 . ❑ The work described below, which includes all/ arc of the work, described abed in your request, is within the Buffer Zone as defined in the regulations. ' and will alter an Area Sublcct to Protection Under the Act . Therefore, said work recuires the filing of a Notice of Intent. This Determination is negative: ' 1. The area described in your request is not an Area Subject to Protection Under the Act. ' 2 . ❑ The work described in your request is within an Area Subject to Protectiot. Under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ' 3 . ❑ The work described in your request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. ' 4 . ❑ The area described inyourrequest is Subject to Protection Under the Act, but since the work described_ therein meets the requirements for the following exemption, as specified in the Act and the regulations, no ' Notice of Intent is required: Issued by Salem Conservation Commission ' Signature( ' This Determination must be signed by a majority of the Conservation Commission. On this. .9th day of September - 19 99 before me personally appeared the above mentioned tome known to be the ' - person described in, and who executed, the foregoing instrument, and acknowledged that he/ he e cuted the same as his/her free act and deed. STEPHEN DIBBLE ' Notary Public IN Commission Expires Nov.12 2004 N ry Public My Commission Expires ' This Determination does not relieve the applicant from complying with all other applicable federal, state or .local statutes, ordinances, by-laws or regulations. This Determination shall be valid for three years from the date of issuance. ' The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding ' Determination of Applicability, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CHR 10.03(7) within ten days from the date of issuance of this Determination. A copy of the request shall at the same time be Sent by certified mail or hand delivery to the conservation commission and the applicant. 2-2A GULF OF MAINE RESEARCH CENTER INC. ATTACHMENT 2 Letter Regarding Site Clean-up Activities to accompany a Request for Determination of Applicability ' For Property At: ' 5 Foster Court Salem, Massachusetts 11 I ' Dec 13 02 02: 15P P•2 ' CORPORATE OFFCES:Mails.Massachusaas,VJDARD XCUOAA New Hampshire,Connenlwt,IWnols,Fbdda Engineering , Science Operations Opaarb elofnGOS larougeaur ha U.6. ' December 9,2002 CO 0M U Joe Nerdon City Salem ncopy Engineering DOparbnent 120 Washington Street ' Salen MA 01970 RE: 5 Foster Court Dear Mr.Nefdow Thank you for speaking with me yesterday. As discussed, 1 was the Licensed Site Professional who oversaw cleanup activities At 5 Foster Court. I am providing this letter to clarify the current status of cleanup activities at the property. The land the property is situated on was swampland until the mid-1500's when filling of the land was begun. The fill used consisted of refase, ash, and industrial waste that has been identi0ed as light bulb ' waste, The sources of this fill appear to be industriai.wasies from manufacturers that were located in the rea, and trash and Ash derived from municipal wastes. Evidence suggests that the City promoted or even contributed to the filfing of this land. Similar wastes can be found throughout the greater Boston area, as ' the filling of swampland for"beneficial"use with such materials was commonplace at that lime. By 1900, the land in that neighborhood was elevated suft9oieutly to be dry land. In 1903, the pureels known as 5 Foster Court were deeded and building records indicate that the fust structures associated with induslrW activities were built in 1903,after lite waste products in the till had already been deposited. The current owners of the properly did nol lake possession of tile. land until 1993, more than 100 years after industrial and municipal wasios had been dumped in that neighborhood by panics unaffiliated with the Ruggles-Mingemann Manufacturing Company. ' In preparing to vacate the propoty of their manufacturing operations, Ruggles-Khrigemunn commissioned an environmental study of the land, In tine course of this study, the presence of the wastes ' in the historic 1911 was identified. Even though the company did not cause these wastes to be located at the proporty, it undertook an expensive and time consenting cleanup w assure that conditions tut 1110 pruparty would be stile for future use. ' Cleanup consisted of the removal of tin haZardOu$ fill materials wherever they occurred on the properly, This resulted in lite excavation and shipment of over 1.000 tons of waste, all of which was replaced with clean,uncmllaminntcd soils. In this way,the property was returned to safe,clean conditions. ' in the process of soil testing to document post-cleanup conditions at the property,It became nppareut that the till materials containing the wastes extended beyond the propeny boundary. Further excavation beyond the properly boundary was not conducted, because Ruggles-Klingemann wits not the party ' responsible for having deposited the pollution, and was therefore not responsible for pursuing it into the public rights-of-way owocd by the City of Salem that surround the property. ' 35 New England Su5inass Center,Suite 160 1 Andover,hiassachusalts 61610 976.5578150 1 886.702.637t 1 978557.7946(Faxl s www.woodardcurran.com ' ZO 3SVJ SNI S3NOf -� 8 56bT9898L6 9T:9T Z00Z/9T/ZT ' Deo 13 0E 02: 15P P- 3 ' WOODARD&CURRAN Engineering r Science-Operations Joe Nerdon ' December 9.2002 Page 2 ' Two file numbers,called Release Tracking Numbers, were opened at the Massachusetts Department of Environmental Protection(DEP)for the property. The first referred to the wastes in the fill materials at the property. Because this material transcended the property boundaries, guidance was sought from the DEP as to how to best administer the rile number once cleanup at the property was completed. In such case where the property owner has not caused the pollution and does not have legal responsibility for other deeded parcels that may contain contaminated fill, the DEP recommends the use of a Partial Response Action Outcome to communicate that the cleanup has abated the pollution at the subject ' property but may extend onto other lands sttnounding it, Such a Partial RAO shows up in the scarthable on-line database of hazardous waste sites as open,even though deadlines and fees are suspended,and no further action is required of Ruggles Klingemann. Such cases are common ht Lynn, Chelsea and Everett where filling of lands with industrial wastes in previous centuries have resulted in the presence of ' hazardous materials in several currently deeded parcels. The second release tracking number referred to the presence of a limited amount of fuel oil in soil from a former heating oil storage tank at the property. When this oil tank was decommissioned and removed in ' the early 1990's, the Salem Fire Department oversaw its removal and issued a finding that no contamination was identified. Testing during excavation did identify some oil at the old tank location, however,and to be safe, Ruggles-Klingenuann notified the DBP of the conditions and performed cleanup ' to entirely remove any oil. Testing after cleanup confirmed that the oil had been eliminated, and a Response Action Outcome was filed. The searchable on-line database of hazardous waste sites now indicates this file as closed. I hope this clarifies the cleanup activities that were completed at 5 roster Court. If you have any questions, please do not hesitate to contact me. Very truly yours, ' WOODARD&c CURRRANN INC. David R.MacDonald,P.G.,LSP Piojcct Manager ' cc; K. Churchill/Ruggles-Klingemann Data Entry/DEPINERO E© 3SVd SNI S3NO17 6 9617T9898L6 9Tt9T Z00Z/9T/ZT GULF OF MAINE RESEARCH CENTER INC. ATTACHMENT 3 ' Site Plan to accompany a Request for Determination of Applicability For Property At: 5 Foster Court Salem, Massachusetts tPrepared By: ' Eastern Land Survey Associates,Inc. 104 Lowell Street Peabody,Massachusetts 1 Large Format Box # Doc # Image # M^SGC DATA City of Salem Conservation Commission Will hold a public hearing for a Request for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of the Foster Court LLC, c/o Dave Zalaoga and Dick Jones, 733 Turnpike Street, North Andover, MA. The purpose of the hearing is for a determination of whether the property at 5 Foster Court is subject to the jurisdiction of the Wetlands Protection Act. This hearing will be held on Thursday, January 9,2003 at 7:00 p.m. in Room 313, third floor at 120 Washington Street. Kevin Cornacchio Chairman January 2, 2003 Please send bill to: Foster Court LLC C/o Dave Zaloga and Dick Jones 733 Turnpike Street, BMP 184 North Andover, MA 01845 978-683-5247 r CONull' 5P a� s. Councilor AftbacUp" eurat P.O. Box 525 Salem, MA 01970 Tel/Fax 978.744.5946 c J.-I-n. 2003 .,u:aCly'ti�7:: CGrrlre'ussion . City of Salem Salem, MA 01970 RE:Foster Court Dear Board Members; Due to a Council meeting I will be unable to attend your rueetireg, therefore I ani writing you relative to the Determination of Applicability hearing that you will be coitiluc..ng r:lar;;,e ro tee above listed project. Having grown up in the area, I am very familiar with this parcel. There is an underground stream that starts in Peabody, cuts through the property, and ends up in tee North River. It is with this knowledge that I find that there is no wetlands on the property, as deter luined by t.e Guahf of ails Corp. While I do not pretend to be an engiucer, I do know that flooding and drainage are major issues concerning this development. In speaking with the proposed developer, Mr. Jones, lee advised me on Janua-y 6 that the law did not require them to correct any drainage problems and they had no plans to address this issue. Therefore, in light of my above listed comments and given the fact that the current owner has received a wetlands tax exemption for dee property, I am re��nuestitee ee Commission readdress this issue. Res. -truth chaei Councilor for Ward Six n l e e._i _ CG file t:.1 r � I •_ r y s Q' r d� Q of f 57. ' 1• _ I � >Sa / '•� �usr ' r �4 f 6RESSY AVE. Y K o r .+ Z � NORTHEND W A1� b / b [� !4 0 /+ SY40N05 \ 1" SC O'c mss 4a� y I • Y r � I I I II DEVE AEU% NAFy ` Z I CHURCHILL i 1 I SYLVAN ST. 1 W I d ;. 2 O 7 o I L I I e l i b .r. ATN ArvER C1HgL EXPLANATION AMOUNT 1002 FOSTER COURT LLC ;� �� o 5 PMB 184 733 TURNPIKE ST. $ P NORTH ANDOVER,MA 01845 53-7055-2113 Ve S )UNT 7'J DOLLARS CHECK 'ATE TO THE ORDER OF CHECK AMOUNT / ( NUMBER Z io Lt 'Y eT /cot $ 2 S �� DESCRIPTION a mm Sale ve° 210 Essex Street,Salem,MA 01970 ___---------------- — 11.00100211a -"1: 211370558i: 089,�I' 73120 A U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) m Gaff- Wv-:..�.. CG.kr ��e.• lT Postage $ W a E3 Certified Fee Postmark Return Receipt Fee Here 0 (Endorsement Required) C3 Restricted Delivery Fee E3 (Endorsement Required) O Total Postage&Fees $ O S Name lease Pnnnt Clearly)(to be c- omplgfed by mailer) M H ��ZAA ........ ......�'._�--....................----................-------------- 0— Street,Apt.No.;or PO Box No. - . �s 11—--sv.. ........... O Er -biry,State,ZIP+a rjti\L-Yh mot O\'% 1'Q- Certified Mail Provides: ■ A mailing receipt . ■ A unique identifier for your mailpiece ■ A signature-upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailpiece 'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cls at the post office for postmarking. If a postmark on.the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999(Reverse) 102595-99-M-2087 Postal CERTIFIED MAIL RECEIPT I (Domestic Mail Oniy;No Insurance C M 0 4 r l I O Ir Ir Postage $ r-1 O Certified Fee Postmark _p Return Receipt Fee Here 0 (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) D I p Total Postage&Fees Il S prt Name(Please Print Clearly)(to be completed by mailer) T ------------------------------ --------------- I _-__'---- r -aty State,zFw II Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon'delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece 'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery'. ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999(Reverse) 102595-99-M-2087 UNITED STATES POSTAL SrREMS&Z3 - F,,.��•..,..g PerrrpLAlo�,,, • Sender: Please Pr ®G me, address in-R- Salem Conservation Commission 120 Weshinown Street aid H Salem,MA 01970 s F c.e..•� -. i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION DELIVERY ■ Complete items 1,2,and 3.Also complete - A. ec i d by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired.' ■ Print your name and address on the reverse so that we can return the card to you. C. IV ■ Attach this card to the back of the mailpiece, X ElAgent or on the front if space permits. ❑Addressee D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: [G If YES,enter delivery address below: ❑ No �Csacw�,�1� U�� `hV:nNl Prb�rctJr'ti Svc W.)A�),% t GJcrvw��S IDEP JA 10 S!0. t'rL„gvt ,S`(`%4A'Nr- 3. Service Type Certified Mail ❑ Express Mail W�1�11r��y. �(j/� ,•\YT �� ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) Q l-if-i 0703 PS Form 3811,March 2001 Domestic Return Receipt 102595-01-M-1424 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box Salem Conservation CORIRIISSIOn 120 Wditgbo Street,3rd R Salem,MA 01970 i COMPLETE ■ Complete items 1,2,and 3.Also complete A. eiv d by(Please Print CleaNy) B.Be D,erw item 4 if Restricted Delivery is desired. 1 'V ■ Print your name and address on the reverse so that we can return the card to you. C. 'g ure ■ Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. n El Addresses D. Is livery ad s different from item 1? 11 Yes 1. Article Addressed to: If YES,ent delivery address below: ❑ No \F 01; 1�1a� �oseuzr� (�20 ,f...I 3. Service Type 1 4"4. .moi` ;Kertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise 1 �1 ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes Ali 2. Article Number q (Transfer from service label) ,QS� 3va& aoQQ Om9 o-7vt PS Form 3811, March 2001 Domestic Return Receipt 102595-01-W424 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands y WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 w �e A. General Information Important: When filling out From: forms on the Salem computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Foster Court LLC, c/o Dave Zaloga and Dick Same return key. Jones 733 Turnpike Street BMP 184 Mailing Address Mailing Address North Andover MA 0 City/Town State Zipp Code Cirylrown State Zip Code A 1. Title and Date of Final Plans and Other Documents: Topographic Plan located in Salem Mass. Revised Dec. 5, 2002 Title Final Date(or Revised Date if applicable) 2. Date Request Filed: Decembert 19, 2002 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability,with its supporting documentation, and made the following Determination. Project Description (if applicable): A determination of whether the property at 5 Foster Court is subject to the jurisdiction of the Wetlands Protection Act. Project Location: 5 Foster Court Salem Street Address Cityrrown Map 17 Lots 47 61 293 323 324 Assessors Map/Plat Number Parcel/Lot Number wPA Form 2 Page 1 of 5 Rev.02100 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability a`µ �Y Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation WPA Farm 2 Page 2 of 5 Rev.02100 �! Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ® 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. NPA Fom 2 Rev.02/00 Page 3 of 5 Massachusetts Department of Environmental Protection 1 4 Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorylregulatory provisions) ❑ 6.The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ❑ by certified mail, return receipt requested on Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan).This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see Appe dix A) and the property owner(if different from the applicant). Q SignatureML LJ /odl Date WPA Fm 2 Page4d5 Rev.o2/oo y Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands .y WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Appendix A) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. WPA Form 2 Rev.02100 Page 6 of 5 �I Massachusetts Department of Environmental Protection a" Bureau of Resource Protection - Wetlands } WPA Form 2 — Determination of Applicability �w Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Salem computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Foster Court LLC, c/o Dave Zaloga and Dick Same return key. Jones y�� 733 Turnpike Street BMP 184 V� Mailing Address Mailing Address North Andover MA 01845 CFMAitylrown State Zipp �aCod Code Cityliown State Zip Code 1. Title and Date of Final Plans and Other Documents: Topographic Plan located in Salem Mass. Revised Dec 5 2002 Title Final Date(or Revised Date if applicable) 2. Date Request Filed: Decembert 19, 2002 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): A determination of whether the property at 5 Foster Court is subject to the jurisdiction of the Wetlands Protection Act. Project Location: 5 Foster Court Salem Street Address Cityfrown Map 17 Lots 47 61 293 323 324 Assessors Map/Plat Number Parcel/Lot Number WPA Form 2 Rev.02100 Page 1 of 5 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation WPA Form 2 Page 2 of 5 Rev.02100 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ® 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. WPA Form 2 -Rev.02100 Page 3 M 5 Y Massachusetts Department of Environmental Protection lugBureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6.The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ❑ by certified mail, return receipt requested on Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see Appe dix A) and the property owner(if different from the applicant). Signature r Date WPAFo 2 Page4of5 - Rev.M= v Massachusetts Department of Environmental Protection s Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability e,. Y Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Appendix A)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. WPA Farts 2 Rev,07100 Page 5 of 5 c9Asr TP��gv L E G E N D GENERAL NOTES T 0 DMH EXISTING DRAIN MANHOLE ST °R °e 1) THIS PLAN IS THE RESULT OF AN ON THE GROUND FIELD SURVEY AND PUBLIC AND PRIVATE PLANS �\ , D SMH EXISTING SEWER MANHOLE U `r*� ® EXISTING CATCHBASIN 2) UTILITIES SHOWN ARE BASED UPON FIELD SURVEY AND °c 7 n a9 <o�vs p" EXISTING HYDRANT RECORD PLANS AND ARE NOT NECESSARILY INDICATIVE OF EXISTING WATER GATE UNDERGROUND CONDITIONS 100 — EXISTING CONTOUR sT 100.00 EXISTING SPOT GRADE 3) THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING AND UTILITY POLE DETERMINING THE LOCATION, SIZE AND ELEVATION OF ALL ceMry Y g RETAINING WALL EXISTING UTILITIES, SHOWN OR NOT SHOWN ON THESE PLANS, J 000000000 STONE WALL PRIOR TO ANY CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED I �� HE,N,ARY RE �� CURB IN WRITING OF ANY UTILITIES FOUND INTERFERING WITH THE S},MgryJ N� I ERPROPOSED CONSTRUCTION AND APPROPRIATE REMEDIAL ACTION J cemefe y $-� •P —" — " — FENCE BEFORE PROCEEDING WITH THE WORK. LOCUS MAP 4) THIS PLAN /S BASED ON THE REFERENCED PLANS, DEEDS 70 '3 D CERTIFICATION /S INTENDED AS TO PROPERTY I TITLE NO OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED EASEMENTS R I ENA BN `oma ice, ZONING DISTRICT R2 MANNIN ITEM MIN./MAX. PROVIDED LOT AREA 15,000 S . � LOT WIDTH 100 FT.F. FRONT YARD i5 FT. SIDE YARD 10 f T. REAR YARD 30 FT. BUILDING COVERAGE 35 X So. sTR cb TOTAL AREA �s.y 70 , 950 ± SF . 7z,ro8 N -9C ; O j 320"-- l�J` ,p C RpUR 1 Fps—FE W I TOPOGRAPHIC PLAN LOCATED IN SALEM MASS . j PREPARED BY \ EASTERN LAND SURVEY ASSOCIATES, INC. r; TD CHRISPUR y? u R. vts CHRISTOPHER R. MEL L O, PLS ,piio 3 317 ini �._.. loe 104 LOWELL ST. PEABODY, MA. 01960 ski (978) 531 -8121 SCALE. 1 = 20 MAY 8, 1998 REV DEC. 5 2002 r ' PREPARED FOR `r c � NO TES.- 1. ZONING DISTRICT R2 PHOTO REPRODUCTION OF THE ABOVE SEAL IS RUGGLES— KLINGEMANN CO. ��J 5 2. ASSESSORS MAP 17 PARCELS 47 59, 61 INDICATIVE OF UNAUTHORIZED REPRODUCTION n \ + OF THIS PLAN AND IS TO CONSIDERED A J. RECORD OWNER: RUGGLES-KL/NGEMANN MANUFACTURINGAND/OR CO. INC. COPYRIGHT INFRINGEMENT AND/OR FRAUD. 4. DEED REFERENCES.- BOOK 12810 PAGE 436, ENFORCEMENT AUTHORITY SHALL NOT ACCEPT 0 10 20 40 60 80 PHOTO REPRODUCTION FOR ANY PURPOSE. F 111 ^ 1 \ `� BOOK 2864 PG. 193, BK 2849 PG 26 t�. mw