Loading...
US COAST FORD BAKIN'S ISLAND REMEDIATION - CONSERVATION COMMISSION R�� — Us Coal f G���-d B4XaiS .TS/dGP� i'�1�ca�/aZ�o✓1 ee yam �36—�yyv UNITED S '�4' a'Ct"' - F?t�stage ✓reesRaid I :1;t<. �:...5•R1.:.<h'7�:t,t . •;^x, .. . '.'1�._...�se cn1q „. I • Sender: Please print your name, address, and IP+4+in this box I I I I I I I I II Salem Conservation Commission 120 Washington Street,3rd FI Salem,MA 01970 II I I I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY, ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery Is desired. - 0 Agent ■ Print your name and address on the reverse - X C �/2 0 Addressee s0 that we Can return the card t0 you. B. Received i�Q� ar��tq '-C. Date of Delivery ( ■ Attach this card to the back of the mailpiece, �V I� LU l0 or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Rem 17 0 Yes It YES,enter delivery address below: 0 No I I DEP, I 20313 tjw,» 5 n 3. Service Type y lq Cert fled Mall ❑Express Mall J j 0 Registered 0 Return Recelpt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Num`--; mr rrrr —mr* r . (rmnsfer0o 7007'1490';000213077 `3598 Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-W1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A Signatu Item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse X 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front It space permits. 1. Article Addressed to: D. Is delivery ad Item 1? ❑Yes If YES,ES,ant e dpi below: 0 No t, Y) c x Mt lIO C.° 4 l/U� 3. Service Type.`b01 6iCertlfled Ma(I -M-.c.Fxpresv Mall �avwlck „� dZPl06 E3Registered 0Return Receiptfor Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 yes 2. Article Number 7007 1490 0002 3077 3604 j (banter from i......--- _ ------ PS - __PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 II , UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid j USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box Salem Conservation Commission 120 Washington Street,3rd FI Salem,MA 01970 a Kns � CITY OF SALEM CONSERVATION COMMISSION May 28, 2010 Rachel Marino United States Coast Guard 300 Metro Center Blvd Warwick, Rhode Island 02886 Re: Determination of Applicability Baker's Island—Salem, Massachusetts Dear Ms. Marino: Enclosed, please find the Determination of Applicability for the above referenced project. The Salem Conservation Commission has determined that the proposed remediation activities described in the US Coast Guard's Request for Determination are located within jurisdictional areas and areas subject to protection under the Wetlands Protection Act and have required the filing of a Notice of Intent Application. Please note that no work within jurisdictional areas or areas subject to protection under the Wetlands Protection Act may proceed until a Notice of Intent is received and a final Order of Conditions is issued by the Commission. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, #�nkT inabor Coordinator Interim Conservation Agent Enclosures CC: DEP Northeast Regional Office y Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands \ WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: fors on the Salem computer, use Conservation Commission only the tab key to move To: Applicant your cursor- Property Owner(if different from applicant): do not use the United Stated Coast Guard return key. Name Name 300 Metro Center Blvd VQ Meiling Address Mailing Address Warwick St 02886 � City/Tovvrl State Zip Code City/rown State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Baker's Island Jeep Shead Aerial Photo May 13, 2010 Title Date Title Date Title Date 2. Date Request Filed: May 10, 2010 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): Remediation activity assocaited with the excavation and disposal of lead-contaminated soil surrounding the Jeep Shed, Engine House, Keepers Dwelling, Assistnat Keeper's Dwelling on Baker's Island. Project Location: Baker's Island Salem Street Address Citylrown Map 46 Lot 124 Assessors Map/Plat Number Parcel/Lot Number xpefarm2.doe•Delerminaton of Applk 6 Ry•m 1016100 Pegs 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)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD)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 or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 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 wpafa m2.doc•Determination of Applicability•rev.10004 Page 2 of 5 Massachusetts Department of Environmental Protection L 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. ❑ Altemafives 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. wpaformi.coc•Determination of Applicability-rev.10/600 Page 3 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.) ❑ 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: kxempt 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 June 10, 2010 Data 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 m signed by a majority of the Conservation Commission. A copy must be sent to the appropriate P gional Office (see http//www mass oov/deo/abouYreaion findyour htm) and the property owner ' diffe nt from the ap licant). Signatures- May ignatures May 27 2010 Date .P.NM12.d •OetenninetlPn PI Applkedfity.m.1a'Noa Pepe 4 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 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 hfto//www mass cov/deo/about/region findyour htm)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 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. wpel«n�.aoc•Dae«mi a «rowKab]4•re..iaema Page 5 of 5 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I M /A�C( F DATA //�oNnlr,�Ao CITY OF SALEM, MASSACHUSETTS DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET • SALEM,MASSACHUSETTS 01970 LYNN GOONIN DUNCAN,AICP TELE 978-619-5685 • PAX:978-740-0404 DIRECTOR May 17, 2010 United States Coast Guard C/O Rachel Marino, ENV Branch 300 Metro Center Blvd Warwick, Rhode Island 02886 Re.Return of Salem Conservation Commission Filing Fee Check Dear Ms. Marino: Pursuant to our earlier phone conversation, I have enclosed the VOIDED filing fee check. As soon as I receive the appropriate filing fee check in the amount of$25 made out to the City of Salem, I will add your Request for Applicability Application to the May 27, 2010 Salem Conservation Commission Meeting Agenda. Thank you. Sincerely, VTaor m a Planner/Harbor Coordinator ..�. - Intenm Conservation Agent_,.. , For Olficiai Use OnN 1005 ` .. JEAN BRETZ ', ,US Government Tax Exempt" DHS PURCHASE-USCG 5 - 300METRO CENTER BLVD OATS. /j9;' S6tsstl44t WARWICK RI 02886 r ,. _ . 3 $ 3 PAY TO r� a F1THE/7ORDER OP LLARS - li} i t kt Val unt Over$3000 JTMorgan . • 4 JYMaWn Chafe Bank N.A. Columwe,OM - commnehilCredB•'CardCama tinea Check p MEMO /t A Da 1� dI TFCN�SL _ s 1:044 L L55 i Lt: 53090000 2 L3 L911B LOOS �(r1 385 Magnolia Avenue Gloucester, MA. 01930 Mr. David Pabich, Chairman Salem Conservation Commission City Hall Annex 120 Washington Street Salem, MA. RE: Statement Pertaining to the U.S. Coast Guard Request for Determination of Applicability Remediation of the Jeep Shed and Engine House at the Baker's Island Light Station Property, Salem, MA. Dear Chairman Pabich: I am in receipt of the recent application of the U.S. Coast Guard for a Request for Determination of Applicability for the remediation of the area around the Jeep shed and the Engine House at the Baker's Island Light station property in Salem, Ma. I am a direct abutter to the Baker's Island Light station and as a condition of the Final Order of Conditions for MADEP File No. 064-0479, 1 was noticed of the hearing. The United States Coast Guard, the applicant, having had as its representative Rachel Marino, has requested that the Salem Conservation Commission to make the following determinations: 1. Whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to the jurisdiction of the Wetlands Protection Act; 2. Whether the work depicted on the plan(s) is subject to the Wetlands Protection Act. The work specified is required by a special order of conditions#55 within the MADEP File No. 064-0479. The applicant maintains that the Jeep shed is within the 100' buffer zone of the wetlands, which the applicant maintains is a seasonally-flooded vegetated wetland and therefore does not meet the definition of bordering vegetated wetlands per 310 CMR 10.55 (2) as it does not border on the edge "of any creeks, rivers, streams, ponds or lakes." As such,this wetland does not warrant a 100 foot buffer zone as specified in 310 CMR 10.02 (2) (B). This section requires the applicant confirm the resource area boundaries through an order of resource area delineation. Has this been completed? 1 t The Environmental Handbook for Massachusetts Conservation Commissioners 2006 in 13.3.4.1 (Lakes and Ponds) states "an inland pond is any open body of fresh water, natural or manmade, having a surface area of at least 10,000 square feet sometime within the last ten years; and it must have standing water at all times except during periods of extended drought." In that the pond in question is over 10,000 square feet and has at high water has a hydraulic surface connection to another wetland and a pond of 20,000 square feet(this hydraulic connection could be considered an intermittent stream) I maintain that the applicant's description is inaccurate and therefore the area around the Jeep shed is bordering vegetated wetlands and subject to the 100 foot buffer. In further support of this statement, I would direct the Commission's attention to a 1984 master's thesis by Jack M. McKenna at Boston University Graduate School entitled: Hydrogeologyof Baker's Island,Salem Harbor, Salem, Massachusetts in which he characterizes the wetland as a swamp of 14,923 square feet in June of 1982 and 12,674 square feet in October of 1982. Also, having summered on Baker's Island for 60+years, I can tell you that the swamp goes dry for about a month in one out of every ten or so years. Otherwise, the swamp stays wet and supports flora and fauna the likes of painted turtle, bull frogs, salamanders, water lilies, marsh mallow and other wetlands species. The area around the Engine house is a coastal bank. The applicant is silent on the classification of this area in the Request for Determination however; the Commission must provide a determination that this resource area is subject to wetlands regulations and requires a new Notice of Intent. In this regard, there is a final order of conditions on the previous Notice of Intent in which special condition#55, which was previously referred to, requires testing around the Jeep Shed and Engine House and requires a N01 to be filed with the Salem Conservation Commission prior to any construction at either of these locations. It should also be noted that in the MEPA ENF Certificate,the "the proponent has not provided a description of future remediation activities in these areas and MADEP has indicated that future activities are outside the purview of the present Superseding Order of Conditions." The MEPA office therefore required a Notice of Project Change be filed with the MEPA office for any future activity proposed for these areas. Finally, at the October 2008 Salem Conservation Commission site visit for the prior NOI, several Conservation Commission members made the determination that the area behind the Engine House was a coastal bank. At that time they requested more contours of the area,to which the U.S. Coast Guard representative Alfred Stambler stated that they would pursue remediation of these areas at a later date. On page 2 of the RDA,the applicant states that the address of the project is Assessor's Map 46 and instead of Lot 124,they give the latitude and longitude of the spot that is the lighthouse. It should be noted that the applicant cannot confirm their ownership of the property and cannot comply with the recording requirements of the Massachusetts Wetlands law in order to start this remediation. These and other issues are the subject of a complaint filed in Salem Superior Court on May 7, 2010(Robert Leavens v. Massachusetts Department of Environmental Protection and the United States Coast Guard- Docket#10-967). Additionally,the applicant is silent on the level of remediation of the lead in the soil. I have disputed the adequacy of the protection of the environment of the remediation proposed in the first N01. I have consulted with MADEP Wilmington and they have indicated that if further remediation is required for residential and park usage,the new owners will become the responsible party. 2 Lastly,this Request for Determination of Applicability can hardly be incorporated into the existing Final Order of Conditions as a totally new resource area is being impacted. Therefore a new Notice of Intent should be required. I thank you for your consideration in reviewing this information. Sincerely, � 1 Robert T. Leavens Pabich-Salem Conservation Commission-5-27-10 3 g�.CON01T,j CITY OF SALEM y. yep` CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a public hearing for a Request for 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 United Stated Coast Guard, 300 Metro Center Blvd, Warwich, RI 02886. The purpose of this hearing is to discuss the U.S Coast Guard's proposal to remediate additional lead-impacted soil around the Jeep Shed and Engine House on Baker's Island and determine whether that activity is located within the buffer zone to a jurisdictional wetland. This hearing will be held on Thursday, May 27,2010 at 6:00 pm in Room 313, City Hall Annex, 120 Washington St. David A. Pabich, P. Chairman Please advertisement on: May 20, 2010 Please send bill to: US Coast Guard c/o Rachel Marino 300 Metro Center Blvd Warwick, Rhode Island 02886 401-736-1746 • !P s�>";.a �`11 Y }.,..Erf,e}y=8 '+!4 RSV y9` .. � t 'Y, 'L ' r. ,�� 1� it` �� I.I��� v r' } .;�`�eA�K � ,.'.}_a £ t ' •Ja"� �`-. �-, 'r I r` c i, r< t a" t �' } 'D„.{ , � � • V S s ,l '� {a' +W'*4,1x.. } i ,s R.ry R � psi �f�., � ti 7_41 ""..,f� �gy1�{.e r tit y I Y^„ m�psgg ■ yi,�, ,�* �k. J tr!` � +` - r N °'`£�' s]11 hT w� � sl,�#d Jae��" �, y:'+,yx' � •.. .:� % :k� ° A :=.a ` � �� w � r �� � ✓ ,gaq��''�` 4 yg''1 �' qp3, A - 5'FM` e u 3 y r, i tt• r r�l V - } sit Q£.. � .� � q .y A. ✓� � ���" n 7 " * i Owe i,.V - KR`� r A +�✓Y4• ++� R ll VV m 4P. >. a 1 � Copyright©2009 Pictometry,International Corp. F t I RECEIVED U.S. Department ofCommanding Officer 300 Metro Center Blvd MAY 17 2010 Homeland Securit U.S.Coast Guard Warwick, RI 02886 Y Civil Engineering Unit Staff Symbol:ENV DEPT OF PLANNING& United SteteS Providence 401.736.1703(fax)46 COMMUNITY DEVELJOPMENT Coast Guard email: Rachel.Marino@uscg.mil 5090 MAY 14 2010 FEDEX Salem Conservation Commission 120 Washington Street Salem, MA 01970 Subj: Request for Determination of Applicability for U. S. Coast Guard Bakers Island Light, Salem, MA - Remediation of Lead Contaminated Soil MADEP File No. 064-0479 To Whom It May Concern: The Salem Conservation Commission issued an Order of Conditions and Special Order of Conditions on January 15, 2009 relating to the remediation of lead-impacted soil on U. S. Coast Guard property at Bakers Island. Special Order of Conditions #55 required the U. S. Coast Guard to test soil for lead in areas surrounding the north side of the engine house and the entire area of the Jeep Shed. This testing has been completed. We are submitting a Request for Determination of Applicability(WPA -1) as required by the Massachusetts Wetlands Act for work needed to remove lead-impacted soils in the vicinity of the Jeep Shed and Engine House. The excavation should not need to extend further than 1 ft below ground surface at both locations; the total excavated area will be approximately 4,334 cubic feet (160 cubic yards). This work is in addition, to the planned effort to excavate, remove and dispose of lead-contaminated soil surrounding the Keepers Dwelling and Assistant Keeper's dwelling, and backfilling with clean soil in all excavated areas. Approximately 1,200 cubic yards of soil will be excavated from those areas. In addition, we will be removing lead-based paint from the assistant keeper's dwelling and removing the Jeep Shed which are sources of the lead in soil. If you have any questions, I can be reached at 401-736-1746 or email Rachel.marinoAuscg mil. Sincerely, �.SCHEL MARINO Environmental Branch Chief By direction of the Commanding Officer Subj: Request for Determination of Applicability for U. S. Coast Guard Bakers Island Light, Salem, MA - Remediation of Lead Contaminated Soil MADEP File No. 064-0479 5090 Enclosure: 1) MADEP WPA- Form 1 (Request for Determination of Applicability) w/ Filing Fee Copy to: MA DEP,Northeast Regional Office (Ms. Nancy White) Richard Waterman, EA Engineering, Science and Technology, Inc. CG ANT Boston (w/o enclosures) 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability City(rown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: j When filling out 1• Applicant: forms on the U. S. Coast Guard Rachel.marino@uscg.mil computer, use Name E-Mail Address only the tab key to move your 300 Metro Center Blvd cursor-do not Mailing Address use the return Warwick RI 02886 key. City/Town State Zip Code 401-736-1746 401-736-1703 td Phone Number Fax Number(if applicable) 2. Representative (if any): a a U.S. Coast Guard Civil Engineering Unit Providence Firm Rachel Marino Rachel.marino@uscg.mil Contact Name E-Mail Address 300 Metro Center Blvd Mailing Address Warwick RI 02886 Citylrown State Zip Code 401-736-1746 401-736-1703 Phone Number Fax Number(if applicable) B. Determinations 1. I request the Salem make the following determination(s). Check any that apply: Conservation Commission ® a. whether the area depicted on plan(s)and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s)referenced below are accurately delineated. ® c. whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act. ❑ d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaformt.doc Page 1 of 4 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability city/To" Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): Bakers Island Light- U. S. Coast Guard Salem Street Address City/Tom 46 42° 32' 12" N, 70° 47' 11"W Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The site is located on U.S. Coast Guard property at Bakers Island, Salem, MA. The Jeep Shed is located to the southeast of the Assistant Keepers Dwelling, surrounded on three sides by dense vegetation. It is proposed to excavate lead impacted soil within 20-25 ft adjacent to the dilapidated structure. Based on field observations and review of aerial photographs, the freshwater wetland adjacent to the Jeep Shed appears to be a seasonally flooded isolated vegetated wetland. This wetland does not meet the definition of Bordering Vegetated Wetland according to 310 CMR 10.55(2) as it does not border on the edge of any creeks, rivers, streams, ponds, or lakes. As such, this wetland does not warrant a 100 foot Buffer Zone as specified in 310 CMR 10.02(2)(b). The MASSGIS Wetlands map provided shows dense vegetation not open water adjacent to Jeep Shed, also other aerial photos confirm dense vegetation on three sides of shed. c. Plan and/or Map Reference(s): See Attached List of Figures Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): MADEP 064-0479 Special Order of Conditions#55 required the U. S. Coast Guard to test soil for lead in areas surrounding the north side of the engine house and the entire area of the Jeep Shed. This testing has been completed. We plan to excavate and remove lead-impacted soil in the areas around the Jeep Shed and Engine House as shown in Figures 4 and 5, respectively. The excavation should not need to extend further than 1 ft below ground surface at both locations; the total excavated area will be approximately 4,334 cubic feet(160 cubic yards). A small excavator will be used. Figures 1-5 Technical Memorandum (attached). wpaformi.doc Page 2 of 4 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). Based on field observations and review of aerial photographs, the freshwater wetland adjacent to the Jeep Shed appears to be a seasonally flooded isolated vegetated wetland. This wetland does not meet the definition of Bordering Vegetated Wetland according to 310 CMR 10.55(2) as it does not border on the edge of any creeks, rivers, streams, ponds, or lakes. As such, this wetland does not warrant a 100 foot Buffer Zone as specified in 310 CMR 10.02(2)(b) and the proposed remediation activities at the Jeep Shed do not require the filing of a Notice of Intent as all activities are proposed outside of the wetland resource area. 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 r ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded)supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaformi.doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office 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: U. S. Coast Guard Civil Engineering Unit Providence (Attn: Rachel Marino) Name 300 Metro Center Blvd Mailing Address Warwick City/Town RI 02886 State - Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant Date ig ature of Representative(if any) Date wpaformt.doc Page 4 of U. S. Coast Guard, Bakers Island Light, Salem MA List of Attachments EA Engineering Technical Memorandum, May 7, 2010 - Figures 1-5 Figure(1) Site Locus Figure (2) Samples Locations Engine House and Jeep Shed Figure(3) April 13, 2010 Sampling Results for XRF Lead in Soil Figure(4) Jeep Shed Excavation Plan Figure (5) Engine House Excavation Plan ------------------------------------------------------------------------------------------------------------ Photo (1) Aerial View of U. S. Coast Guard, Bakers Island Light, Salem MA, April 2010 Photo (2) Aerial View of U. S. Coast Guard, Bakers Island Light, Salem MA, April 2010 MASSGIS Wetlands Map ca. 2003 Bakers Island Note: In the area east of the Jeep Shed, this map shows open water where it is obviously densely vegetated. This dense vegetation adjacent to the Jeep Shed is also documented by other aerial photos provided in the attachments. i. y ./+. ,� 1// •�„IL �- }r�j��(J t� ( •� �C , ,ice r .v i o 2L. N ...t/;.l� 7 p Pi _ •1 1 r �.� �. yF '/rOinf I � i �'• \'np �.Q' �5ft a�: POj/!YT. : �Y %re.y�� ¢ Chtb ♦�Mli,� f ,_.r• 6 '{jilf�lF p%e '�)j3 ,{� Cwt s- -' i7. � '6'"':A• r� f`1.liend.', f l +; �.s�r v �•.. s' '. r,'•-' {'�f�� u•8" yr �� R.7n'7 '• ��-^'--'•.:k`y.%< '� �.. �f ?. � m� l” ,WANCHIESTEfi Pride k c v.•-• �l -•".. ' f. . „i--., ""' 41. j ,� fj�ryol)1.�).-�`.� v r� zo P�Igrin Ledg`e�y� i ..1, /� L! A 'Ll" �n �) Y 1 f.% IdkILdGL DSser Shaai 1: e I rrj/y ? F / 'J hn Led et '`•� 7 sl/ _ tom•, rJ ' t1 }a I 'tit 27 A. Gittfe MiSerY island ,.''""� so L rkhio�� n { S9 ted 12 S as S4JU . . „' Rising States f(,{ 'N / �. �•� z '�' 6� �z\��'�`" ,� f:" r r1.S•W,� (SALEM Cmf �w. ,� 3 .✓'��'- \`t " ry'utChr''oL`;,SHoal ,r:. k 1•i .. ., j�',^'+ _.`�'�'+.)y�`\ v _-.� /lit, , ^�/� ` J ~ .. '1 PcpeHetd ( _ym^ifm``.,..� Sh of ai rN .. `.� I t _.E. �'la4ei�di7 pt? � � `�•...J ,i�� © -Roik Leh r 1\ :• 1 C Soulh'Gooa'eberni y� ! c fF7 1 tt/�f 1 l EMK 1 c \\ rX 0 0.25 0.5 1 N 4 ' d „ !�- Miles A ., . .\ rrty Fes= GdbseberryLedge y TECHNICAL MEMORANDUM FIGURE 1 USCG BAKERS ISLAND LIGHT SITE LOCUS SALEM, MASSACHUSETTS PROJECT MGR: DESIGNED BY: CREATED BY: CHECKED BY: SCALE: DATE: PROJECT NO: FILE: RW PT PT RW 1 :24,000 MAY 2010 61710.26 FIG1 LOCUS.MXD .Y'�1nt47% •s ,�r� —` • . -.�. -' °is �aa3•�*�',�J`L6� ¢�t `� � r r'L V � .� .•�1. 1�• 1 V N" rr o , fJi ` fl ry,,�wpSiC i� .� I•' " 4`" e"J� -•3 al.� ` ,. 1, ,W 4. is Iff 14 •�In 1 }yy +S2.,y'� S'h�..-r.y y 1 ✓ +•"r "rR`S't ail 't. f,t}4�1:1°�l4 f y;, rip +.,if •l .'y. ", '...t;h�' F1' r A�'.. " { '+rP.AI! n"'4a{ 1 ye. I �{ S.' •1'.{.. a 4 ` ' S`• r '�. . Lr r�"� .p��t' �+' � • �-;* • Y t r ��.•" ; '.LRI '3'�ly�' +t�,- .i.^���L�ly�°���, q Cr r� �4Yd�i;tf r7 .I.f�4 f yy,# f� ��r -••. - • �.. t .� r � 1. R�j �khk .nTtffidi' '*. . �,d#�.._ �Y-,f. ''.�y` Lu'i "y°+ IT Y 5•,��,it il� .. Y t '°-W ♦ gy�pp,,,,.. x" tyr L'� � Fl ra. Jl' � •�" L1 Ws"7.Tly''r i�,F I i+ ' . • ay .. =t�rF 1 .j •�' '� Ft+,¢ �� f n��^�.� a {"n ` �.� ' '� ra •'�Syb, q� ,,e� �y�•, ,} - �i lye +'." 3' �, .+,�`. �x.. '4 � �"� � � w , r �Y+�.cy �r 1j dC� -' t"Y' k 5•:,S ; �'���'t.,�1 4• r.,+��+ 31' E t ti._.. r •�A ! ei�,' A+" ( of � ` ��� + t '+y ' ! ��(y'} / er §c �'�f"' f �y� � 1 J- 7 , `} tr �'.e�♦ .� rf � ; .•}i•'�n1 � L � ' � ij+"•i ✓. x ..**..tt .' nt I. t` ,�r �MF• ...i F/+ :! .py i 1 4 a •�L!° 1'.: x i. 'fr"•w'^ �`-�1 t f* �J» � �.yX /n L ,14 •+ >{�' ��v[y[ryl��< n "4��t{. LJF t "^n"t j 'M"� a' " !_ SA .S �I'• 1 ...� x r��Y'... •. x�'iL r.'1 • .0 " 141 k ��T`*�J' k�, . ]'F���. k" � � 4:u _ #h d3•£11{f. . •r` Ami �a.pr . """'" f'�`=s{r�@�*' s`�._.�.�;r+� j4 r ,rS3fk"�+f.,"4.i "•• ��71 ''s� 1��• yeoil r � T 8 moo.,_ Legend � y ❑ .rte, - k . -.. , _, Sample 1 p��gg��a,•VS,.M1¢�,�+ ".T} 4e' �.j, -��,0 ~ kW''nrv� ,ty �•h'1 b w Ir}� n f Engine SWM c'" y"R5 t+�4.71 y.;w�� i V' .l ��-0 �r`+ ♦. A•� i3� ':/r I 1`- mple 1 1 .1 r 1 t l``9ETY: ..— FeetIW 4+p a ?K, 4Ryr i L • ala! -v a a.r rR L:'. MEMORANDUM -- - USCG BAKERS ISLAND LIGHT SAMPLE LOCATIONS XRF Field Screening XRF Field Screening Engine House Jee Shed Engine House (� Lead(depth) ppm Lead(depth) ppm 2010-JS-1(0-1) 889 2010-EH-100(0-0.5) 2508 2010-JS-1(1-1.5) 753 2010-EH-101(0-0.5) 3665 2010-JS-2(0-1) 567 2010-EH-103(0-0.5) 1398 201G-JS-2(1-2) 119 2010-EH-104(0-0.5) 5403 _ 2010-JS-3(0-1) 576 2010-EH-105(0-0.5) 1237 2010-JS-3(1-2) 175 2010-JS-4(0-1) 725 Laboratory Analysis 2010-JS-5(0-1) 791 lee Shed 2010-JS-5(01-1.5) 472 Total Lead(depth) ppm 2010-JS-6(0-0.75) 859 2010-1S-8(0-1) 1640 2010-JS-7(0-1) 577 2010-JS-17(0-1) 790 2010-JS-8(0-1) 2310 2010-JS-20(0-0.5) 209 E"-,00 2010-JS-9(0-1) 1950 TCLP Lead(depth) mg/L .g 2010-JS-10(0-1) 825 2010-JS-8(0-1) 0.707 2010-1S-11(0-0.5) 311 Engine House 2010-JS-12(0.0.5) 2122 Total Lead(depth) ppm .q 2010-JS-13(0-1) 1298 2010-EH-105(0-0.5) 2210 2010-JS-14(0-1) 362 2010-JS-15(0-1) 518 Lead Concentrations 2010-JS-16(0-1) 970 O <400 mg/kg 2010-JS-17(0-1) 636 2010-J5-18(0-1) 281 0 400-1,000 mg/kg 2010-JS-19(0-1) 655 c ?y ry 2010-JS-20(0-0.5) 171 ® X1,000 mg/kg 4 2010-JS-21(0-0.5) 101 0 0 12.5 25 5 Feet ��4 .•J �y, r Jeep Shed ? 4 d + -314 t a�qt, �i' r� rkr t fX ga. u k 6 G r i Js-z� r v�L s .ry R - JS-20 1< TECHNICAL MEMORANDUM FIGURE 3 USCG BAKERS ISLAND LIGHT 13 APRIL 2010 SALEM, MASSACHUSETTS SAMPLING RESULTS PROJECT MGR: DESIGNED BY: CREATED BY: CHECKED BY: SCALE: f DATE: 'PROJECT NO: I FILE: RW PT PT RW AS SHOWN MAY 2010 61710.26 FIG3 RESULTS.MXD LEGEND: 13 APRIL 2010 O SAMPLE LOCATIONS LIMITS OF EXCAVATION _� -- - -- S-18 LANDSCAPED �I- / \ AREA JS-17 JS-11 /US oJS-10 \\ / JS-9(A) O JS-16\�/ \L JS-80 O O J�S-JS-15JS-7 .-JEEP- JSO HED / JS-10 q, JS-1301 \\ JS-20 JS-15 0JS-14 *JS-4 OJS-2'1- - -- 0yS-20 DENSE VEGETATION �✓ �/. a \i Vi V� J� J� �i �� �� WETLAND BOUNDARY POND 20 10 0 20 GRAPHIC SCALE IN FEET W v+ E Ji �® EA ENGINEERING, BAKERS ISLAND LIGHT JEEP SHED SCIENCE, AND TECHNICAL MEMORANDUM EXCAVATION PLAN TECHNOLOGY SALEM, MASSACHUSETTS FIGURE 4 PROJECT MGR DESIGNED BY DRAWN BY CHECKED BY SCALE DATE =PROJ6ECT NO FIGURE RW PT DA RW 1":10' MAY 1710.26 4 <\ ...... ---- ....... ...... ROCK OUTCROP ... .... ......- .......... LIMITS OF EXCAVATION-'' IT/ EH-1 05� EH-104z O O 101 E A -1�v, 3 DENSE \I/ III, -'y EH-1 -100 VEGETATION 0 ENGINE EH-7 HOUSE O OEH- EH OEH -6/ 0 4 �--EH-5 LANDSCAPED AREA LEGEND: FENCE 13 APRIL 2010 O SAMPLE LOCATIONS 0 15 AND 16 AUGUST 2005 20 10 0 20 SAMPLE LOCATIONS GRAPHIC SCALE IN FEET EwEA ENGINEERING, BAKERS ISLAND LIGHT ENGINE HOUSE SCIENCE, AND TECHNICAL MEMORANDUM EXCAVATION PLAN TECHNOLOGY SALEM, MASSACHUSETTS FIGURE 5 PROJECT MOR DESIGNED BY DRAWN BY CHECKED BY ME DATE O N T PROJECFIGURE PROJECT RW PT DA RW 1":20' MAY 20106 l7110.2 6 5 Engine House Jeep Shed q 99 w I !'qi.�^� T'lVly � sr„RR11II C - rl Coast Bakers KeepersLighthouse, Main _, Assistant Keepers Dwelling x b ppp 14 P 4 "tXk ot t.f¢r+d Lia � � ttye 1, oaf ,. yye . M n It ^ r - '11�• t k��{� y'�i� r•• �ar.t^�� iY r `�' '�, a�a��' t:ta� ` 'h-•�c-I. to,''�' �• . tf"` ifitFgi'�s ', . 1,�61 f F 1Fxfr 'Y.'�'dr «YTw•6 3 JC l ' `NQS pp OR r J r+ r + +t ♦ M ; b ,yam . Map Output Page 1 of 1 Bakers Island Jee Shed Mass.Towns Boundaries _ .aw ♦�� EOT-0TO Haatls sk a r--' ' #• ,,. r,r r r - ./ Liadod Access F4ghw•ay ��"s.. ^+ ?, " n e "aKr ,. ' •/' Mulhaano Ky,Not Limited /�. Access S�_" ..Other Mumbered WattandConneclions. 'N' ,�� �T, Wetlands 12k Detailed =k, a , .` e z *� .� ' Barrier Beach System ^ !'`+, s „". ". .• Barrer Beach-Deep.Marsh ',A Barrier Beach-Wooded Swamp Mued Trees •s; 7 _ r .. Barrer Beach Coastal Beach Banier8eatlt-Coastal Dune k t g, ,. r}.R.C•+l y, � , " , '••' Baylor Beach-marsh R 1rx` y Barrer Beady-Salt Marsh "e ••�. earner Beach-Wooded f � <. r' -0�Z Swamp Conderous OW �"a • Bardet Beach-Wooded 940 Swampf Osdduous '" .� . Bog Coastal Bank Bluff or Sea Cliff 4 Olt- Coastal Beach "ud . .LL ..• ,;x "- '"'$'. a: CoastaDuna Cwanbe Al rr Deep Marsh Barrier Beady-Open Water Open Water -* . . Rocky Intedidal Shore i q Sall Marsh a,R 4P .a • t _ - Shallow Marsh Meadow at ,. .cx s•� i ,,m Fen ,� • a ry a " � t � � Shrub Swamp Vd V j �j Tdal Flat Wooded Swamp Coniferous _�.,,�• m `� t, Wooded Swamp Deciduous x" Wooded Swamp Muted Trees e women ! n ''"a". r http://maps.massgis.state.ma.us/servlet/com.esri.esrimap.Esrimap?ServiceNarne=matowns&ClientV ersion=4.0&Form=True&E... 5/13/20 10 City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete lbrm and make two copies. Date Received 5 100 Amount Received Form of Payment check cash CHECK PAYMENTS: write check number 1006 CASH PAYMENTS: write client initials .S • . 0 Sign Permit Application Fee Conservation Commission Fee Payment received for a planning Board Fee what service? 0 Old Town Hall Rental Fee Q Other Name of staff person r �►- receiving payment F✓a_n I �0ry,f a Additional Notes U Coy v — 'a For Official Use Only 1 006 JEAN BRETZ US Government Tax Exempt , -DHS PURCHASE-USCG 5 r 300 METRO CENTER BLVD WARWICK RI 02086' 3'_':i"""'t `h, DATE :SCID "' qq SG1551/g41 PAY TOIL(-W/7G^ J.Pmagall 15t valid For Amount Over$3000 ._ 't 1PMorgan Chase Bank N.A. —}: CoWmGy ON =—m....,u✓• Cam Cr ' Co Me,ce Check MEMO^ C M 1:0 4 le 5 1 it: 5 3090000 2 i 3 L9ll 1006 �..��a,.:s..�,s4..sw�: - •.�--.^:.w....--;...an..a-s ,...vn:,,;..•.:.�,:a.ra.:. s�,,....sb.�.,«,M:�::.a..R-.....w.,.:�..F Original Check and Forth: DPCD Finance Copy 1: Client Copy 2: Application File RECr. :u , u.r D U.S. Department of Commanding Officer '300 Metro Center Blvd MAY 1 2010 Homeland Security r' U.S.Coast Guard Warvdck,RI 02886 8 •gym Civil Engineering Unit Staff Symbol: ENV 401.736.1746 DEPT. OF PLANNING& United States Providence 401.736.1703(fax) Coast Guard email: Rachel.Marino@uscpQMMUNITY DEVELOPMENT 5090 MAY 17 2010 FEDEX Salem Conservation Commission 120 Washington Street Salem, MA 01970 Subj: Request for Determination of Applicability for U. S. Coast Guard Bakers Island Light, Salem, MA - Remediation of Lead Contaminated Soil MADEP File No. 064-0479 To Whom It May Concern: Please find enclosed the filing fee for $25.00 for a Request for Determination of Applicability(WPA - 1) for work needed to remove lead-impacted soils in the vicinity of the Jeep Shed and Engine House per our submission dated May 14, 2010. If you have any questions, I can be reached at 401-736-1746 or email Rachel.marinoauscg.mil. Sincerely, �i CHEL MARINO Environmental Branch Chief By direction of the Commanding Officer REC;;�* `':: "CL) MAY 18 2010 DEPT OF PLANNING& COMMUNITY DEVELOPMENT i . U.S.Department r f Commanding Officer 300 Metro Center Blvd ��� �Q 104 Homeland Securi U.S.Coast Guard Warwick,RI 02886 17 (� Civil Engineering Unit Staff Symbol:ENV United States Providence 401.736.1746 Coast Guard 401.736.1703(fax) DEPT,OF PLANNING 84 email:Rachel.Marino@useROMUNITY DEVELOPMENT 5090 MAY 14 2010 FEDEX Salem Conservation Commission 120 Washington Street Salem, MA 01970 Subj: Request for Determination of Applicability for U. S. Coast Guard Bakers Island Light, Salem, MA - Remediation of Lead Contaminated Soil MADEP File No. 064-0479 To Whom It May Concern: The Salem Conservation Commission issued an Order of Conditions and Special Order of Conditions on January 15, 2009 relating to the remediation of lead-impacted soil on U. S. Coast Guard property at Bakers Island. Special Order of Conditions#55 required the U. S. Coast Guard to test soil for lead in areas surrounding the north side of the engine house and the entire area of the Jeep Shed. This testing has been completed. We are submitting a Request for Determination of Applicability(WPA -1)as required by the Massachusetts Wetlands Act for work needed to remove lead-impacted soils in the vicinity of the Jeep Shed and Engine House. The excavation should not need to extend further than 1 R below ground surface at both locations; the total excavated area will be approximately 4,334 cubic feet(160 cubic yards). This work is in addition, to the planned effort to excavate, remove and dispose of lead-contaminated soil surrounding the Keepers Dwelling and Assistant Keeper's dwelling, and backfilling with clean soil in all excavated areas. Approximately 1,200 cubic yards of soil will be excavated from those areas. In addition, we will be removing lead-based paint from the assistant keeper's dwelling and removing the Jeep Shed which are sources of the lead in soil. If you have any questions, I can be reached at 401-736-1746 or email Rachel.marinonu,uscs.mil. Sincerely, .l) �Cc�:�%rc1,i 1u CHEL MARINO nvironmental Branch Chief By direction of the Commanding Officer Subj: Request for Determination of Applicability for U. S. Coast Guard Bakers Island Light, Salem, MA - Remediation of Lead Contaminated Soil MADEP File No. 064-0479 5090 Enclosure: 1) MADEP WPA- Form 1 (Request for Determination of Applicability) w/Filing Fee Copy to: MA DEP,Northeast Regional Office(Ms. Nancy White) Richard Waterman, EA Engineering, Science and Technology, Inc. CG ANT Boston(w/o enclosures) 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the U. S. Coast Guard Rachel.marino@uscg.mil computer,use only the tab key Name E-Mail Address to move your 300 Metro Center Blvd cursor-do not Mailing Address use the return Warwick RI 02886 key. city/Town State Zip Code y� 401-736-1746 401-736-1703 Phone Number Fax Number(if applicable) 2. Representative (if any): U.S. Coast Guard Civil Engineering Unit Providence Firth Rachel Marino Rachel.marino@uscg.mit Contact Name E-Mail Address 300 Metro Center Blvd Mailing Address Warwick RI 02886 City/Town State Zip Code 401-736-1746 401-736-1703 Phone Number Fax Number(if applicable) B. Determinations K 1. 1 request the Salem make the following determination(s). Check any that apply: Conservation Commission ® a. whether the area depicted on plan(s) and/or map(s)referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s)depicted on plan(s)and/or map(s)referenced below are accurately delineated. ® c.whether the work.depicted on plan(s)referenced below is subject to the Wetlands Protection Act. ❑ d.whether the area and/or work depicted on plan(s)referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaforml.Uoc Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands aty/rown WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location(use maps and plans to identify the location of the area subject to this request): Bakers Island Light-U. S. Coast Guard Salem Street Address - City?own 46 420 32' 12" N, 70"47' 11"W Assessors Map/Plat Number Parcel/Lot Number b. Area Description(use additional paper, if necessary): The site is located on U.S. Coast Guard property at Bakers Island, Salem,MA. The Jeep Shed is located to the southeast of the Assistant Keepers Dwelling, surrounded on three sides by dense vegetation. It is proposed to excavate lead impacted soil within 20-25 ft adjacent to the dilapidated structure. Based on field observations and review of aerial photographs, the freshwater wetland adjacent to the Jeep Shed appears to be a seasonally flooded isolated vegetated wetland. This wetland does not meet the definition of Bordering Vegetated Wetland according to 310 CMR 10.55(2) as it does not border on the edge of any creeks, rivers, streams, ponds, or lakes. As such, this wetland does not warrant a 100 foot Buffer Zone as specified in 310 CMR 10.02(2)(b). The MASSGIS Wetlands map provided shows dense vegetation not open water adjacent to Jeep Shed, also other aerial photos confirm dense vegetation on three sides of shed. c. Plan and/or Map Reference(s): See Attached List of Figures Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): MADEP 064-0479 Special Order of Conditions#55 required the U. S. Coast Guard to test soil for lead in areas surrounding the north side of the engine house and the entire area of the Jeep Shed. This testing has been completed. We plan to excavate and remove lead-impacted soil in the areas around the Jeep Shed and Engine House as shown in Figures 4 and 5, respectively. The excavation should not need to extend further than 1 ft below ground surface at both locations; the total excavated area will be approximately 4,334 cubic feet(160 cubic yards). A small excavator will be used. Figures 1-5 Technical Memorandum (attached). wpefwmitloc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). Based on field observations and review of aerial photographs, the freshwater wetland adjacent to the Jeep Shed appears to be a seasonally flooded isolated vegetated wetland. This wetland does not meet the definition of Bordering Vegetated Wetland according to 310 CMR 10.55(2)as it does not border on the edge of any creeks, rivers, streams, ponds, or lakes. As such, this wetland does not warrant a 100 foot Buffer Zone as specified in 310 CMR 10.02(2)(b) and the proposed remediation activities at the Jeep Shed do not require the filing of a Notice of Intent as all activities are proposed outside of the wetland resource area. 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project,where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence(e.g., record of date subdivision lot was recorded)supporting the classification above(use additional paper and/or attach appropriate documents, if necessary.) wpabrml.doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements f I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office 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: U. S. Coast Guard Civil Engineering Unit Providence(Attn: Rachel Marino) Name 300 Metro Center Blvd Mailing Address Warwick cityrrovm RI 02886 State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(T)of the Wetlands Protection Act regulations. Signature of Applicant Date 3lIature of Representative(if any) Date wpafo.1 doc Page 4 of 4 U. S. Coast Guard, Bakers Island Light, Salem MA List of Attachments EA Engineering Technical Memorandum,May 7,2010- Figures 1-5 Figure(1) Site Locus Figure(2) Samples Locations Engine House and Jeep Shed Figure(3)April 13, 2010 Sampling Results for XRF Lead in Soil Figure (4)Jeep Shed Excavation Plan Figure(5) Engine House Excavation Plan ------------------------------------------------------------------------------------------------------------ Photo (1) Aerial View of U. S. Coast Guard, Bakers Island Light, Salem MA, April 2010 Photo (2) Aerial View of U. S. Coast Guard, Bakers Island Light, Salem MA, April 2010 MASSGIS Wetlands Map ca. 2003 Bakers Island Note: In the area east of the Jeep Shed, this map shows open water where it is obviously densely vegetated. This dense vegetation adjacent to the Jeep Shed is also documented by other aerial photos provided in the attachments. ('raw p b A AJY Ran' yy pffals Rork Rack P119tirm Ledge vicaq shoal John Ledge i _ ���` } `\\ V Liffa- land - --------- ------- . ..... .q 0 UN D MA, y'0 Rear 41 LmAry d AQ ,C. $hoof nomm OWN Ado Dry LA Mateo 0 0.25 0.5 1 N Miles A cm I Gweebenyeedpe TECHNICAL MEMORANDUM FIGURE I USCG BAKERS ISLAND LIGHT SITE LOCUS SALEM, MASSACHUSETTS PROJECT MGR DESIGNED BY: CREATED BY: CHECKED BY: SCALE: DATE: PROJECT NO, FILE: RW PT PT RW MAY 2010 61710.26 F]Gl-LOCUS.MXD e RIM MMD A." ' ;fid . •� \ 4 ' Y4° A It Zo e Aa* .� ~'�•� ?� ,�. °�� k�j,. 'lc .F � � , ' moi( �,' � tv y0. Legend PIG Engine House Sam Jeep Shed Sample '.. / 1 15 30 60 � — .»L MEMORANDUMTECHNICAL -� • • MASSACHUSETTSNS XRF Field Screening XRF Field Screening Engine House Jee shed Engine House Lead(depth) Pont Lead(depth) ppm 2010-JS-1(0-1) 889 2010-EH-100(0-0.5) 2508 2010-JS-1(1-1.5) 753 2010-EH-101(0-0.5) 3665 2010-JS-2(0-1) 567 2010-EH-103(0-0.5) 1398 2010-JS-2(1-2) 119 2010-EH-104(0-0.5) 5403 20101S-3(0-1) 576 2010-EH-105(0-0.5) 1237 201015-3(1-2) 175 2010-JS-4(0-1) 725 LAordtoryAnalwsls-: EH- EH-705 2010-JS-5(0-1) 791 lee Shed 2010JS-5(01-1.5) 472 Total Lead(depth) ppm 2010-JS-6(0-0.75) 8.59 2010-1S-8(0-1) 1640 2010-Jsa(0-1) 577 2010-1S-17(0-1) 790 -tai 2010-JS-8(0-1) 2310 2010-JS-20(0-0.5) 209 EHT,00 2010-1S-9(01) 1950 TCLP Lead(depth) mg1L 2 0 1015-10(01) 825 201015-8(01) 0.707 201015-11(00.5) 311 Engine House 2010-JS-12(00.5) 2122 Total lend)depth) I 201G-JS-13(01) 1298 2010EH-105 005 2030JS-14(01) 362 2010Js-15(01) 518 lead CancenttatlWK 2010JS-16(01) 970 201015-17(01) 636 Yq <400 mg/kg 2010-JS-18(()-I) 281 400-1,000 mg/kg 2010-JS-19(01) 655 2010-JS-20(00.5) 171 >5,000 mg/kg -`, 201015-21 00.5) . 101 0 12.5 25 50 Feet ,8 Jeep Shed i P" r ) Js n .� JS-n i - J JS-! 156 L" r 4 a 'o .: p 8r,pfeW � l J < JS- 1 JS-0 TECHNICAL MEMORANDUM FIGURE 3 USCG BAKERS ISLAND LIGHT 13 APRIL 2010 SALEM, MASSACHUSETTS SAMPLING RESULTS PROJECT MGR: DESIGNED BY: CREATED BY: CHECKED BY: SCALE: DATE: PROJECT NO: FILE: RW PTS PT RW AS SHOWN MAY 2010 fi171026 FIG3 RESULTS.MXD LEGEND: 13 APRIL 2010 SAMPLE LOCATIONS J LIMITS OF EXCAVATION ------ 5-18 LANDSCAPED / 0 5-19�� ;. AREA / JS-17 \ JS--11(D/JS-12 / X15-10 JS-90 JS-16N JS-8� O ,�S-6 1 JS-7 OSu JEEP- HED JS-13QI / v \ JS-20 JS-15A/ OJS-14 OJS�-"--- OJS-20 `, v N DENSE v, VEGETATION J J WETLAND _ v / BOUNDARY d 20. ToPOND o iD GRAPHIC SCALE IN FEET EwEA ENGINEERING, BAKERS ISLAND LIGHT JEEP SHED SCIENCE, AND TECHNICAL MEMORANDUM EXCAVATION PLAN TECHNOLOGY SALEM, MASSACHUSETTS FIGURE 4 PROJECT MGR DESIGNED BY DRAWN BY CHECKED BY SCAIF DATE PROJECT NO FIGURE RW PT DA RW 1":10` MAY 2010 61710.26 4 ROCK OUTCROP r, j v i< LIMITS OF EXCAVATION' EH-105*N O H-104 SEH-101 EH-103\1 DENSE EH-1 EH-1001 VEGETATION O ENGINE EH-7 HOUSE O 1 \ OEH / OEH-3 EH-6/ `Q EH_gJ EH-4 \ EH—9_ �EH-5 i. LANDSCAPED v AREA ` r LEGEND: FENCE 13 APRIL 2010 SAMPLE LOCATIONS 15 AND 16 AUGUST 2005 20 io 0 20 O SAMPLE LOCATIONS GRAPHIC SCALE IN FEET �® EA ENGINEERING, BAKERS ISLAND LIGHT ENGINE HOUSE SCIENCE, AND TECHNICAL MEMORANDUM EXCAVATION PLAN TECHNOLOGY SALEM, MASSACHUSETTS FIGURE 5 PROJECT MGR DESIGNED BY DRAWN BY CHECKED BYSCALE DATE PROJECT NO FIGURE RW PT DA RW 1":20' MAY 2010 61710.26 5 O Jeep Shed I Photo Coast1 Bakers1Light, Lighthouse, Main Keepers Dwelling,Assistant Keepers Dwelling Engine House in foregroundandJeepShedhidden1 Photo 2— U. S. Coast Guard Bakers Island Light, Salem, MA Bakers Isi Shed • : • Mass.Tovins Boundaries EOT-OTC Roads .40,/ Mui �htiy.Not Limited United Access,Hfighwayc" a r -. - Welland Connections A/ Other Numbered IMy :"j Wallands l2k Detailed Banner Beach System Samer Beach-Wooded lw iMprdYe. r .I Swamp Mixed Teas""a F game,Beach-Coaswf Beach ir Bai Beach-Coastal Dung Gamer Beach-Marsh Banner Beach-Wooded 915 .�1, ITk N ({rSwamp Condirmus nBanner Beach-Wooded .xyt tizv Swanip Deciduous Bog Coastal Bank Bk4ff or Seay'00Ar4CAN Cbastaj Beach A , '^' "„•y Coastal Dune #I r s'r"r• "fi �' ,a'1`kE.i3k , fi" ,. 3 fC;ranbarry Bog ;: Nk... Deep Marsh iR Berner Beach-Open Water Open Water ex- Rocky Intedidal Shore 4r —tiv ShalowMarshfilleadowor. Sell Marsh - r"L- � AL �L Z Tidal Flat Wooded Swamp Condemus Deciduous WWooded Swarrip l 7 4 . , . I 107MOO