Loading...
2009 MINOR SITE ASSIGNMENT MODIFICATION ' Inc. 315 Norwood Park South ' ' 1 Group, cNorwood,MA 02062(781)255-1982,tax(781)255-0974 Engineers • Sclentlsts a Planners www.BETA4nc.com ' June 23,2009 Salem Board of Health 120 Washington Street ' Salem,Massachusetts 01970 Attn: Ms Paulette Puleo Chairperson ' Re: Minor Site Assignment Modification Salem Transfer Station 12 Swampscott Road Dear Ms. Puleo: ' This letter is a request for a Minor Modification to a Site Assignment for the Salem Transfer Station which we are submitting on behalf of Northside Carting, Inc. (NSC) and the City of Salem. The ' proposed project consists of increasing the capacity of the current 100-ton-per-day transfer station. In accordance with the Solid Waste Regulations in 310 CMR 16.22, any increase in the daily or annual tonnage limits of a solid waste facility is considered a "Minor Modification." Reference is made to the ' attached excerpt from the Solid Waste Regulations. Regulatory Process Under the applicable solid waste regulations, the Board of Health may modify a site assignment to address a minor modification, at the request of the facility owner or operator, without requiring the filing of a new application by the applicant or preparation of a site suitability report for the Massachusetts ' Department of Environmental Protection(MassDEP). To do so,the Board of Health must provide public notice and hold a public hearing in accordance with the requirements of 310 CMR 16.00 prior to deciding on the minor modification. ' The actual schedule for the public hearing is left to the discretion of the BOH and the project proponent, since a site suitability report is not required. We respectfully request that the public hearing be scheduled as soon as practicable, so that we can initiate design activities in preparation for demolition of the existing ' incinerator,closure of the landfill and construction of the new transfer station in the Spring of 2010. Site Description ' The Site consists of a 9.2-acre parcel located at 12 Swampscott Road, Salem, Massachusetts (the "Site"). A Site Locus is included as Figure 1. The property was site assigned by the Salem Board of Health (BOH) for used as a solid waste incinerator in 1960. The incinerator building was converted to a transfer ' station in 1975. The transfer station is owned by the City of Salem(the City) and operated by NSC. On June 3, 1994, MassDEP granted a Permit by Rule to the City to continue operation of the transfer ' station, and to accept up to 100 tons of solid waste per day (TPD). The current site layout is shown in Figure 2. A chronology of events for the Salem Transfer Station is included in Attachment A. ' Project Description Under the proposed plan, the capacity would be increased to 400 TPD. The waste will consist of ' construction and demolition debris, municipal solid waste and commercial solid waste. The former ' Lincoln,RI Norwood,MA Rocky Hill,CT ' Ms. Paulette Puleo June 23,2009 ' Page 2 of 4 incinerator building will be demolished as part of the Site improvements and the existing on-site landfill ' will be closed in accordance with DEP's solid waste regulations. The demolition will also include the building and smoke stack. The Proposed Site Plan is attached as Figure 3. ' The proposed new transfer station will include an enclosed metal building on a pile-supported poured- concrete. The building will be approximately two stories high(35 feet at the eaves). The building will contain two upper level truck bays designed for off-loading(dumping)waste into open top trailers parked ' immediately below in the lower level. The size of the building will be expanded by approximately 2,200 square feet to obtain additional space within the building for processing and loading operations. The actual square footage of the building is expected to be approximately 9,700 square feet. The square footage of the tipping room floor is estimated to be approximately 7,500 SF. Based upon years of ' operating experience by NSC personnel,that space is more than adequate to handle the volume of waste projected for the facility. A progress set of drawings was provided for review of the building layout and operational concepts(Attachment B). ' The driveways associated with the new transfer station will be similar in layout to the existing paved driveways. All existing pavement will be removed and replaced as part of the transfer station upgrade. ' Additional paved driveways will be added to allow for the smooth flow of truck traffic within the site. Refer to the attached figure for a depiction of the paving planned for this project. ➢ Amount of Paving currently at Transfer Station: 25,000 Square Feet ' ➢ Total Area Proposed to be Paved: 43,000 Square Feet ➢ Amount of Proposed Paving within Wetland Buffer Zone: 25,000 Square Feet ➢ Amount of Proposed Paving Within Riverfront Area: 27,000 Square Feet ' Included within the totals listed above, a portion of the paved area at the transfer station will be used for parking — one area for employee parking and three parking spots for trucks used in the transfer station ' operations. The transfer station will be located in the least conspicuous area within the boundaries established in 310 ' CMR 16. The closest residential area is located approximately 650 feet away, and a day care center is located approximately 675 feet away on Greenledge Street, both outside the required 500-foot buffer zone. Furthermore, the transfer station has been oriented to minimize visual and noise impacts to the ' surrounding area. A Site plan showing the proposed location of the transfer station with respect to the nearest residential areas is shown in Figure 4. Permittina Status ' A Notice of Intent (NOI) was submitted to the Conservation Commission on February 11, 2008. Following this submission, a public hearing was held on February 14, 2008. An Order of Conditions ' (Attachment C)was subsequently issued by the Conservation Commission on March 19, 2008. Environmental Notification Form ' An expanded Environmental Notification Form (ENF) was prepared and submitted to the Executive Office of Energy and Environmental Affairs (EOEEA) and the BOH on June 2, 2008 (Attachment D). It was determined that the project does not meet or exceed any thresholds for a mandatory Environmental tImpact Review(EIR). A brief summary of the material included in the ENF is given below. The ENF discussed environmental impacts associated with the project, which include the alteration of ' 1,200 linear feet of bank;450 square feet of bordering vegetated wetlands; 3,600 square feet of land under ' Ms. Paulette Puleo June 23, 2009 ' Page 3 of 4 water;and 157,000 square feet of riverfront area. ' Because the effects that the proposed project will have on noise, traffic, and air quality levels are important issues for the surrounding areas, impact studies regarding these issues were conducted to assess ' the effects the proposed transfer station will likely have. These studies were included with the ENF submission. A summary of the findings for these studies is given below. ' ➢ Traft Impact and Access Study,Vanasse and Associates.Inc.(December 2007) For the proposed facility, are expected to include cars, pickup trucks rear-loading ' garbage compactor collection trucks (-16 tons/truck), and 18-wheel hauling trucks (-20 tons/truck). According to results from the Traffic Impact study, the average existing truck traffic is 140 trips/week day. Based on projected truck traffic levels, the proposed project will result in ' an additional 54 trips per weekday, for a total average of 194 trips per weekday. The increase determined by the study is relatively small in nature, and was not shown to have a significant impact on traffic operations at the study intersections. A copy of the Traffic Study is included as Attachment E. ' ➢Air Ouallty Impact Study(Particulates),Epsilon Associates.Inc.(Jane 2008) ' An air quality impact study was conducted based on both the existing and proposed site conditions with the increase in daily truck trips. Results from the study showed that diesel truck ' emissions(particulates)were well below National Ambient Air Quality Standards. A phase-in of new Environmental Protection Agency (EPA) emission controls and changes in the formulation of diesel fuel will actually result in reduced air quality impacts. A copy of the air quality impact study for particulates is included as Attachment F. ' ➢ Air ual' I ad St olaNle O anis Co oun O rty mp udv([' re mp ds).Wilcox&Barton.Inc. (Jane 2008) ' A supplemental assessment of VOC emissions was prepared by Wilcox & Barton to assess both carcinogenic and non-carcinogenic risks to human health due to the projected increase in traffic at the transfer station. The study used MCP Method 3 risk assessment methodology to conclude ' that the increased risks to human health are negligible. As indicated in the particulates study described above,the air quality is projected to improve over the period of transitioning to the new diesel fuel formulations. A copy of the supplemental assessment of VOC impacts is included as ' Attachment G. ➢Noise Impact Assessment Study.Epsilon Associates.Inc(March 2008) ' Multiple test points located around the transfer station and the closest neighboring properties were studied to determine the level of noise increase as a result of the proposed project. The ' proposed transfer station is located as far from residential properties as possible to minimize the noise impacts. ' Study results show that the anticipated noise levels at the closest residential area is three (3) decibels higher than the current transfer station levels. This increase is not significant compared to the MassDEP maximum allowable increase of 10 decibels. A copy of the Noise Impact Study ' is included as Attachment H. ' Ms. Paulette Puleo June 23,2009 ' Page 4 of 4 ' A copy of the ENF Certificate issued by the MEPA Office is included as Attachment I. Conclusions ' Based on the above findings, the proposed capacity increase from 100 TPD to 400 TPD will not have significant adverse effects on the area surrounding the new transfer station. The reported findings from these impact studies are based on the most accurate and recent data available. We believe that all of the reports accurately assess the current situation and future traffic projections associated with the proposed expansion of the transfer station. Additionally, the proposed building design is expected to be fully capable of handling the increased capacity. If you have any questions regarding this matter,please feel free to call me. ' Very truly yours, ' BETA GROUP,INC. ' Alan D. Hanscom, LSP Senior Associate Cc: Beth Rennard,Esq.,City Solicitor David Knowlton,City Engineer Carrie Duques, Concomm Agent Robert George,Northside Carting, Inc. ' Bill Thomson,Jr.,Northside Carting,Inc. Jerry Magnan, P.E., BETA Tony Wespiser, P.E., BETA Figures I —Site Locus ' 2—Existing Site Plan 3 —Proposed Site Plan 4—Site Plan with Buffer Zones ' Attachments A—Chronology of Events B—Progress Set of Drawings ' C—Order of Conditions D—Environmental Notification Form—on enclosed cd E—Traffic Impact and Access Study—on enclosed cd ' F—Air Quality Impact Study(Particulates)—on enclosed cd G—Air Quality Impact Study(Volatile Organic Compounds)—on enclosed cd H—Noise Impact Assessment Study—on enclosed cd ' I—Environmental Notification Certificate Figures 1 —Site Locus ' 2 —Existing Site Plan 3 —Proposed Site Plan 4 —Site Plan with Buffer Zones Attachments A—Chronology of Events B —Progress Set of Drawings ' C—Order of Conditions D—Environmental Notification Form—on enclosed cd E—Traffic Impact and Access Study—on enclosed cd ' F—Air Quality Impact Study(Particulates)—on enclosed cd G—Air Quality Impact Study (Volatile Organic Compounds)—on enclosed cd H—Noise Impact Assessment Study—on enclosed cd I—Environmental Notification Certificate 1 V llV r - • �;;� S � � Gnat f The -52 l > 7'n-mfit3y�' V h'4 4 raq y �•.+.ad y,� .� l� r - a� �; ! f-.r p"� AX '$H tris, .++ q O•'V ) ' ' NbIW�a�IIIUeD Salem Transfer Station Engineers . 5ctentists . Plen12 Swampscott Road nets Figure 315 Nowood Park South,Nonmod,MA 02062781.255.1982 Salem, Massachusetts 1 ' email:beta@bela-inc.com 1 I i I m9 W I � a CL 1Nw „++1�nvvv1 ti III+ n I �-/ , ❑' Sj rir � + gg i r'/ui/ / ' ty I, • n I � I m T F �# E y 1I L - full, fAl / rt ice/ l 1 1 � NEW CONCRETE e q � HEADWALL let 12 "+'-v J -+b 3 entl bvn 3s sar sncsl Y OSED RIVERAT ON AREA let ta"" leC `fir ¢K_"13 le bvge®b1K ] 33 bvn 3 bwr 3] �^ 38_bonrr0 - --. _db°nk _ . bvn 34e. _. _ 33 (ilR PROP RECLAM I _ 03F - K_re__ be�6 bank-a.,. �• K-ry Il<F — _ �QL� ,pyo 12 11,tV,I lec by j: nh �. ati " '-�TOREST RIVF� bank 2 K-r - n kc�r{go bvn k e e ° 00 _ > s �.,� Y .. ,.•,y. _. A 8�_� bank - . une ( rootl centerline of tl cenlerli j ty - r >�GUARO RAIL ne o(. tl STORMWATER macs .c.. _ i2 RCP D ' INTERCEPTOR - o • Dank,1,. CBI /+,r� I' � GBj � � t — jY �,'�•.13ANA'(NN[IjBa> •e'"O I�t}� �!rt r�t � <enterhn�dnven y en nonce / � 5 u�c'�e°is ,,I_" - ���1..� r'+1.._as !_ uY a�•y 1 c ~' __...• r, CB ::Nr, irr c XAL > r.. \vr Mn er 5 nx i.0 SWAMPSCOTT ROAD . PUBLIC t®mevs a Ka.vo ro nnn:ur imn rvnun as d�`vmr'".ei"c$s'nnauivr:. mn mein Northside Carting 'm k For Permitting Transfer Station Design � ,. . Purposes Only � . . _. ..-. � Proposed Site Plan " ® vim e ; GR PMIC SCnLE —�-- j' \. / \ 50 �a.•n. For Permitting /' r\ Purposes Only :e aiea. ,o-qr. 1�✓� ��� r� \ \ Northside Carting. i� 0,a `neaa.*1 \ Transfer Station _\ �( f s.; .• a / \ Design \y p• ,,✓ S_. Figure 6 Ore �` - ' /, p p,• \ Overall Site Plan its o Al. d±, _ e� ao+• •' 1. - F�a 9t[Ga"'. / r . % . .�. '".^' ate- As Shown \._~ rt �LL,a .�.-,.�✓9T�i<L SR!]�SC� ORD rOD �na PROPER]'r UNE BOPFER 20RE —� \ DR*"",IT—" ales IISIM16snMlutiM 50 q 500' RADIUS rROM R.ESIDERiIAL 011ELUM tlz u�>.avr e J February 27,2009 Chronology of Events ' Former Solid waste Incinerator do Landfill ' Closure Project - Swampscott Rad ' June 9, 1960 Property is site assigned by BOH for solid waste Incinerator. ' Circa 1963 Landfill/incinerator opens for City of Salem solid waste management. Circa 1968 Incinerator breaks down, closes, and waste is no longer accepted at the ' landfill. 1969-1970 Roadway constructed over Forest River, connecting the eastern and ' southwestern portions of the property. April 1975 Incinerator Building converted to Transfer Station. ' September 9, 1975 City receives approval fi-om the Massachusetts Department of Environmental Quality Engineering (now Department of ' Environmental Protection) to cap landfill and convert Incinerator building into a solid waste transfer station. ' April 26, 1988 DEQE inspects the Transfer Station and determines it was operating in compliance with 310 CMR 18.00. ' August 18, 1993 DEP issues Notice of Non-compliance pdON) to City for conducting operations without Existing Facility Permit. ' June 3, 1994 Permit by Rule granted to City by DEP to continue operation of the Transfer Station and to accept up to 100 tons of solid waste per day. ' December 10, 1999 DEP issues NON to the City and NSC for various violations observed during September 22 site inspection. ' January 6, 2000 Waste Ban Plan submitted to DEP, indicating that only C&D debris was accepted by the facility. ' January 17, 2000 Request for Determination of Applicability submitted to City Conservation Commission and DEP. Conservation Commission determines that Wetlands Notice of Intent filing is required. ' rebruary 27,2009 ' January 26, 2000 BETA retained by NSC and City as Consultant for environmental issues related to the landfill/transfer station. ' February 29, 2000 DEP site inspection discovers that an ash landfill exists at the site. July 26, 2000 DEP Enforcement Conference regarding NON issues at ' landfill/transfer station facility. January 9, 2001 Draft Consent Order sent to City and NSC. January 25, 2001 DEP compliance inspection. ' February 22, 2001 Enforcement Conference at DEA with City and NSC. April 19, 2001 Application for Modification of Large Handling Facility submitted to ' DEP. April 19, 2001 DEP Issues approval for minor alteration of transfer station facility-the ' placement of four containers for the storage of recyclable materials. May 14, 2001 DEP issues approval for Modification of Large Handling Facility. May 15, 2001 Leaf and Yard Waste Connposting Registration Form submitted by NSC to DEP. July 13, 2001 Administrative Consent Order-with Penalty (ACOP) issued by DEP to the City and NSC. March 7, 2002 Administrative Consent Order issued to the City and NSC. ' April, 2002 Initial Site Assessment (ISA) Report and Comprehensive Site Assessment (CSA) Scope of Work submitted to DEP for review and approval ' May 7, 2002 CSA re-submitted to DEP for review and comment. ' June, 2002 ISA Report and CSA Scope of Work approved by DEP. September, 2003 CSA completed and submitted to DEP. ' March 2, 2004 CSA conditionally approved by DEP. January 25, 2005 DEP meeting with City, NSC and BETA to discuss comprehensive Corrective Action Alternatives Analysis (CAAA) for landfill closure, project progress and future modifications to transfer station. 1 ' 2 ii ' February 27, 3009 March 29, 2005 CAAA Repot submitted to DEP for review and comment. ' April 20, 2005 The CAAA Report was conditionally approved by DEP. ' May 2005 Extensive quantities of ash and wastes encountered to the west of the incinerator building during geotechnical boring investigations. Cost ' estimate for landfill closure increased significantly. August 22, 2005 Meeting held at DEP, including City staff, NSC, BETA and State Rep. Keenan, to review status of project. February 2007 City issues RFP for development of the Site, including landfill closure ' and other services. August 13, 2007 Landfill/transfer station site visit with Salem BOH. ' February 11, 2008 Notice of Intent (NOI) submitted to the Salem Conservation Commission. February 14, 2008 Public Hearing held with Conservation Commission. ' March 19, 2008 Conservation Commission issues Order of Conditions to City of Salem. ' June 2, 2008 Environmental Notification Form (ENF) submitted to Executive Office of Environmental and Energy Affairs (EOEEA). ' July 8, 2008 MEPA Meeting at Salem City Hall Ampex and Site Visit. July 25, 2008 Certificate stating the project does not require filing of an ' Environmental Impact Report. 1 b u� � m 1 co 3 v co LJJ co w � a ' C> S p a vii a CL ilfilw till IN gR C u lilt 99M �tl>ctt9.d4tlnL= :aedmk .tlaeefies.9?[€ oil s.vaBtl -9 y v '! d Stl E$e @@@:ef34F2ee Yd€ cn t $ t t 0 I 1ts�tR 3��B �$ 111111,11114112919 1.@11,@•t41129tl911@o6fib211 It 111121,11 it lilt 01 ' � � g ®® �' R66BEe NS4@@2dY� se,22YeEE dK 55 ful tv 5c Van, 1019111 uj l�L.� �C [ t J 3g§sadtl axe«stl eaata�$e,9e2eet'de uj m Nil Ico E �s a1 a s� tl tom? �@�.�.ecn �y 4/ f 'cc as2e995a4 uj psi! 0 Jill 3 (-9 -Si Wt9i m r O a LL! iso WCD Z) (j 1 z At m SENERaINOTES: Sla�a&CM°!puiltlr�Ry°1°6ms a:tl SCatlYtlE � .. .m+roaw.av�m.m.-.un.cum�w m �.am ' •�F� .a..aeamenamw..mea.eenun. � r�..� win na...mi. am new \ .s-zvm,e.�.m.;�;aem�nm.w .'sne."',.•'� LOADING \ �awa.,.momrn.nem .�. �. �' °�uM ! � � — �•'IOADtHG" 1 LOADINGFLR, 1 ....,.,.,,.,n,.nm N.Wide o.md T..*,Sbtiw Lh'pu �TIPPING� /\\ CODS REVIEW .amnrnivewama,m�smav®w �� n^. � 7 a°n� �n.na.sn,,,n,,,.e,n, - ,.m.mo .. .tdrna - ___ mn.�a ...n•..m,e CH.RM. —_ s -1 ! _ .. � I EII CTI \ .i. a, TIPPING FLR. _uonne \ �ye E // 111MTifi .nssu / I \ ! 1 j e � a fIGE 1 LO KM M. I p v - NOTE: Thcse preliminary drawings are provided for review of the building layout and operational concepts only. Subject to change during final design. \ MEZZANINE PLR. CR } -d \ 1 .. m n Cars L%MIPNG FLOOR VE..� Te+nsCcr/Smdoe Uesipp I I et »s 4 I ^n Ima u m a ro ! ani se iuia' Sa .a ~- � /'il ENLA1tGm OFFICE PI,FW-TPPING FLOOR // � / I � n ram , o ®epjez LTJ a L� i o o ., ..:r.. TPPINE GfL00R aawaa - - .mmrn ,ro.nFae.aaam q qqqgg e ' 11I; MmOrr .� e �(y' r rummaNrvl�'oarewanmes � 'I ©__ ���J•7t E tnrnFancma..ma,®®a � . o- y ��OlC9INMu'!r®�s��f?.+¢WDr�Gm m.,d..c� r___ •�. .Ppv^,amrww.mu.»Omaacsm.mmvlla, mM...ao .o i aramnwamn..�awe�=,mp,.ss: e _ I L--- TNL GED OFFICE PIWI ME�NINE FLOOR m.R,vrtowlPmanwlcma„mmNvm y �I .,a rXm mrnmSxnuGam Rn�uM4 w aa@sex iTmrrmrt[v,ii.Ye@wv3� NOTE: Those preliminary drawings are provided for review of the buildinglayout xL I ME2l�INE FLOOR and operational concepts Only. Subject to change during oual design. -• • ROOM FINISH SCHEDULE GLAZING SCHEDULE 1-�•i ry'� o tic x 2 e 3 mmr vam:an�m+ea'm:mmmsw�m�: mein+�.emu�annemn �� O� O� O O � q�ew�e.enmmuvmu..w,ameemm .WORTYPEEI£VAriONa .. . .._._ .. fRMiE'{YFE¢evATNX,a OR CHEDUL mm No.wvm Gr®g a 4easfx 5ndon t#siga INT.ELEV.ME SBATIAROOM205IW.¢Ev.WOM� MSSAT,R00M2W BORROWED LIGH SCHEDUL rTul�TAICESIQMESLEGBO ATMOt)LEVAAOM II.EVATlONSE Ane°.rtre=. - rv-a.c._+wePmt mmmar mmaar e NOTC: These preliminary drawings are provided for review of the building layout A1.2 t and operational concepts only. Subject to change during final design. ■r �r r r r r Elp, REFLECTEDD CEILING LEGEND CEILING TYPE LEGEND0 o Fm sxo ori. /Y _ _ _ (= ue.�mua�nae-.a.�+na arms�M mcmmemc+ve / / mmm.e:nnm /'/, / '/ / / nmw.nmmmnmwxmr.. mnR"nna�mt�R�xm�uu�ionnrama�me C NA4S !"�REFLECtEn CEILING PIAN.OFFlfE i10gR �.® mmeamormmm REFI. C D — amw.�eun....nrnaa.=.=, ®.RI(}PIANS mnn. n bh on __ _ n [nrtftl6 mmbroa V PC4rIa1 AN+anRYmCNsIiM — RMY rnTNHF - - - I ry aE NENNG PIAN.M4ZnNwe rtooa _ NOTE: Tbese preliminary drawings are provided for review of the building layout ^ y. and operational concepts only. Subject to change during final design. tS,.J I f }' 'i •�':'- NOftMf.LkYPnON FiSi EIkYP. PTON SOIRN ELElAT10N (� 4]W523 WEST—ATON� NwtESAa Carw Ymg Ttmsfrr SISI\Oa Design DUUMO ry NEYPIAN -_ not �m s - - ELEYAtIONS e� STALk SEMONS • I� \J I ,l�lli{$IING SEe,tON ,_,_ BW LnING SELTtlN WE u4vnt VkRR4f 6Pvv! .X[X�TtCIX �en�ever..X � I'smY�o�4 9e•SYW T v. �M1�rMf1m[ n.. _ .-M 3 =a f ' za srNnsecnoN GTq� sEtlT,tlN A4.1 NOTC: These preliminary drawings are provided for review OFthc building layout and operational concepts only Subject to change during final design. ' eh{,OOIWr},q� ' CITY OF SALEM COMMISSION p/gyp ' March 19, 2008 ' David Knowlton City of Salem Engineering Department 120 Washington Street Salem, MA 01970 ' Re: Order of Conditions,—DEP #64-473 Salem Transfer Station, 12 Swampscott Road, Salem., Massachusetts ' Dear Mr. Knowlton: Enclosed, lease find the Order of Conditions for the above referenced project. P P J ' Following the 10-day appeal period (as of March 29, 2008), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (36 ' Federal Street, Salem, MA). Once recorded, please return a copy of Page 9 of the Order, which will indicate to the Commission that the document has been recorded. ' As indicated in the Order,prior to any work:commencing: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File#64-473 within public view,and ' 3. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your lured contractor. If you have any further questions,please feel fi-ee to contact me 978-619-5685. Sincerely, (;61 )�Ytr Carey Dug4es ' Conservation Agent/Staff Planner Enclosures CC: Robbie George, Northside.Carting, Inc Alan Hanscom, BETA Group, Inc. ' DEP Northeast Regional Office Co-Applicant ' Nortliside Carting, Uic. 210 Holt Road ' North Andover, MA 01345 Robert A. George, President (978) 636-2020 1 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-473 _ — '! Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings,pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ' a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution ' d. Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control ' 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ' a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any ' other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. ' Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, wort:on this project may not go forward unless and until a new'Notice ' of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ' c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides ' sufficient information and includes measures which are adequate to protect the Act's interests,and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). ' Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and ' wetland boundary(if available) a.linear feet Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 1200 1200 1200 1200 ' 4. ® Bank a.linear feet b. linear feet c.linear feel d.linear feet 5. ® Bordering Vegetated 450 450 450 450 Wetland a.square feet b.square feet c.square feel d.square feet ' 3600 3600 3600 3600 6. ® Land Under Waterbodies a.square feet b.square feet c.square feel d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged 'apaform5.doc� rev.J/1105 Page 2 or 9 Massachusetts Department of Environmental Protection DEP File N, mber: Bureau of Resource Protection -Wetlands ra WPA Forret 5 - Order of Conditions 64-473 Massachusetts Wetlands Protection Act M.G.L. c. 131 , §4.0 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order ' unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. ' 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be dean fill. Any fill shall contain no trash, refuse, ' rubbish, or debris, including but not limited to lumber,bricks, plaster,wire, lath, paper, cardboard, pipe,tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. ' 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department+have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work, is to ' be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" for,VA DEP'J "File Number 64-473 " alomr5.tlac• rev.3/1105 Page 4 o19 Massachusetts Department of Environmental Protection ' DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-473 ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ®. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No z. The hereby finds (check one that applies): ' Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: ' a. Municipal Ordinance or Bylaw b. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is ' submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or ' bylaw: a. Municipal Ordinance or Bylaw b. Citation ' The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,the ' conditions shall control. If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional The special conditions attached to this Order of Conditions relate to both the City of Salem's local ' conditions, select box to ordinance and the Massachusetts Wetlands Protection Act. atladt a text document talormSEoc• rev.311105 Page 6ol9 Massachusetts Depaotment of Environmental Protection ' DEP File Number: Bureau of Resource Protection - Wetlands fi WPA Form 5 - Order of Conditions 64-473 - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals ' The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, 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 DEP Regional Office to issue a Superseding Order of Conditions. ' The request must'be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order.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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 931, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). ' To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. ' section GS,Recording Information is avaliable on the following Page. 1 1palorm5 doc• rev.3MMS page 8019 Attacluneat to Order of Conditions R 64-473 ' y Page lof 7 ' SALEM OONSERVATION OOMMISSIION DEP FILE #64-473 ' City of Salem Transfer Station 12 Swampscott Road City of Salem,Massachusetts ' ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (dune 1, 2003) from Natural ' Heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. -chis Order is issued under the Massachusetts Wetlands Protection Act,M.G.L. Chapter 131, Section 40 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34, Section 34-1 —34-13. ' This Order permits the capping and renovation (including slope stabilization, repaving, grading) of the existing City of Salem transfer station and upgrade of City of Salem yard waste drop-off area (installation of retaining walls and repaving) at the closed solid waste landfill. in further detail, this Order of Conditions permits the work proposed in ' the Notice of Intent filed with the Conservation Connnission on February 11, 2008 which is further described in supplemental information provided to the Conservation Corrunission on February 28, 2008 and March 13, 2008. The activities approved under this Order of Conditions include demolition of the existing fanner incinerator ' building, including the building and the smoke stack. The Conunission approves the demolition procedure proposed in the application. The applicant shall obtain all necessary local and state permits necessary to complete this demolition. This Order permits the capping of the landfill as described in the Notice of Intent application. The Commission approves this plan so long as it is in compliance with DEP's regulations. If changes are made to the proposed ' capping technique the landowner shall provide the Conservation Commission with the new proposed approach to capping the landfill. The Conunission approves the construction of a new transfer station building to be 75 feet by 100 feet, as proposed ' in the Notice of Intent application. This Order permits repaving on the Site including areas within the 200 Moot Riverfront area. In order to address runoff and reduce the total suspended solids entering into the river the landowner shall install a Stormceptor 900i unit, per DEP comments made on March 4, 2008. In order to control ' stotmwater during construction the landowner shall provide a Stormwater Pollution Prevention Plan (SWPPP) to the appropriate agencies and provide the Conservation Commission with a copy. ' This Order permits the development of concrete block push walls and retaining walls within the Riverfiront area as proposed on the Overall Site Plan dated February 2008 stamped by Gerald R. Magnan. This project proposal includes the relocation of the yard waste drop-off area and the creation of a recyclable drop-off area to the irear ' (southern) portion of the site. The Conservation Commission is requiring that no dumping signs be installed along the perimeter of the drop-off area and along the top of the river. Condition #46 outlines the specifics of design, quantity and location of the signs. This Order permits the creation of a water quality Swale around the perimeter of ' the drop-off area as described in the Notice of Intent application. This Order permits site improvements, specifically the removal of approximately 60 linear feet of the upstream ' portion of a culvert that curn-ently conveys the Forest River under the existing access road to the yard waste drop-off area located to the rear, southern, side of the Site. This Order per the removal of the 48"and the installationmf a Attaclunent to Order of Conditions A 64-473 Page Sof 7 ' transfers of title of any portion of the properly that takes place prior to issuance of the Certificate of Compliance. ' 9. It is the responsibility of the applicant to procure all other applicable'federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the ' following: (1) Section 404 of the Federal Water Pollution Control Act (P.L. 92-500, 86 stat. 816),U.S. Army ' Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5) of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A ss7 and 314 CMR 7.00. Any Board of health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. ' (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order, the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimtemation into wetlands and 1 surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the emsion/siltation control methods and boundary during construction if necessary. ' 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: ' Final Approved Plans See Attached Sheet for a Listing of all Plans ' (Title) (Dated) (Signed and Stamped by) ' City of Salem Conservation Conunission (On file roitb) 15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved ' plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend ' this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Enviromnental Protection. ' AttacLnlent to Order of Conditions N 64-473 Page 5of 7 ' 28. If soils are to be disturbed for longer that two (2) months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, ' exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to prevent soils from being washed by rain or flooding. ' DURING CONSTRUCTION ' 29. A copy of this Order of Conditions and the plan(s) approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on ' the approved plan(s). 31. All waste products, grubbed stumps, slash;construction materials,etc. shall be deposited at least 100 feet fi-om wetland resource areas and 200 feet from river. ' 32. Cement bucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be ' immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3) inches of quality screened loam topsoil prior to seeding and final stabilization. ' 34. hnntediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. ' 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed inwtediately. 37. During construction, all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Con-mtission includbtg, but not limited to, civil administrative penalties under M.G.L Chapter 21A, section 16. ' AFTER CONSTRUCTION ' 39. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): ' (l) A Completed Request for a Certificate of Compliance form (WPA Fontr SA or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An "As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor ' showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback ' areas taken fi-om the plan(s)approved in this Order of Conditions; Attacirrnent to Order of Conditions # 64-473 Page 7of 7 ' inlet of the forest River shall also be submitted for review and final approval by the Conservation Agent or Conservation Commission and City Engineer, ' 51. The applicant shall update the Operations and Maintenance manual prior to starting construction to reflect quarterly street sweeping and supplemental sweeping as necessary. 52. The applicant shall update the Operations and Maintenance manual prior to starting construction to reflect inspections of catch basins quarterly and annual cleaning of the catch basins with supplemental cleaning as necessary. ' 53. Applicant shall update plan showing Toe of Landfill Cap Detail with rip rap covering the impervious liner above and below the water surface. ' 54. Applicant shall submit annual report by December 31 of each year to the Conservation Agent showing that the catch basins have been cleaned and street sweeping has occurred. 55. The applicant shall install four (4) foot stumps in each of the catch basins located on site. ' 56. Applicant shall complete and submit a stormwater report meeting DEP standards prior to performing construction. ' 57. Site visits shall be conducted weekly by the Conservation Agent upon the start of construction. 58. Applicant shall note on site plans snow storage areas. ' 59. Applicant shall appear before the Conservation Commission with final plans stamped by an engineer upon submitting plans to DEP and prior to beginning construction. PERPETUAL % The applicant shall maintain an Operations and Maintenance Manual for the stormwater system that is accessible on Site. ' 61. Sodium based products shall not be used within the Riverfront Area, 200 feet from the river. qWe Commonwealth of Massachusetts Executive Office of Energy andr�Enveronment"ffairs 100 Cam ridge Street, Suite 900 ' Boston, 02114 DEVAL L.PATRICK Tel: (617) 626-1000 GOVERNOR ' TIMOTHY P. MURRAY Fax: LIEUTENANT GOVERNOR htip://�w.mass.gov/envir W.musas626-196s.9ovlenV1r IAN A..BOWLES July 25, 2008 SECRETARY CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE ' ENVIRONMENTAL NOUNC.ATION FORM ' PROJECT NAME : Closure of the Salem Landfill and Redevelopment of the Salem Transfer Station PROJECT MUNICIPALITY : Salem ' PROJECT WATERSHED : North Coastal EOF,A NUMBER : 14201 PROJECT PROPONENTS : City of Salem and Northside Carting, Inc. DATE,NOTICED IN MONITOR : June 11, 2.008 Piusuant to the Massachusetts Environmental Policy Act(G. L. c. 30, ss. 61-62H) and ' Section 11.06 of the•A MPA regulations (301 CMR 11.00), 1 hereby determine that this project ,poet.n of require the preparation of an Environmental Impact Repoit.(ERR). The project consists of closltre of the Salem landfill and redevelopment of the transfel' • station, including an unerease in ton,tage at the transfer station liom 100 tons per day to 400 tons per day.. The project includes demolition of the existing incinerator building, regrading and capping of the.landfill, and construction of a new transfer station building. The proposed transfel station aril receive construction and demolition (C&D) debris, municipal solid waste, and cotrrni rcial solid waste. ;'he project also irlctudcD relocation of the leaf and yard waste recycling ' area and a new paved access road to corurect this area with the transfer station and Swampscott Road. Site improvements proposed in the Environmental Notification Form (ENF) include partial remova4 of the Forest River culvert and removal of debris from the Forest River- ' Envirurunental impacts associated with the project include alteration of 1,200 linear feet of Bank, 450 square feet(st)of Bordering Vegetated Wetlands(BVW), 3,600 sf of Land Under ' water, and 157,000 sf of Riverfrent Area. -Traffic impacts are estimated in the ENF at 54 new vehicle trips per day(for a total of 194 trips per day). The project does not meet or execed thresholds for a.mandatory EIR. The project is undergoing environmental review pursuant to Section 11.03(9)(b)(1)because it involves an increase.in capacity for storage, treatment or Processing of 50 or more tons per day of solid ' waste. The proposed project will require. a Solid 'Waste Permit from the Massachusetts ' 01 Nnled un%e Cled Stock ' EEA 014261 ENF Certificate July 25, 2008 ' Department of Environmental Protection(MassDEP). The project requires a Minor Modification to Site Assignment from the City of Salem Board of Health and an Order of Conditions from the City of Salem Conservation Commission (and, on appeal only, a Superseding Order from MassDEP). The proponents are not seeking financial assistance from the Commonwealth. Therefore, ' MEPA jurisdiction applies to those aspects of the project within the subject matter of required state agency permits with the potential to cause Damage to the Environment as defined in the MEPA regulations. In this case,MEPA jurisdiction extends to solid waste,wetlands, land and ' stormwater. The ENF includes a description of the proposed project,an alternatives analysis, and a discussion of the project's consistency with the performance standards for Riverfront Area in the Wetlands Protection Act regulations(310 CMR 10.58(4)). The ENF also includes a Traffic Impact and Access Study,an Air Quality Modeling Report, and a Noise Impact Study. The ' proponents have committed in the ENF to the following measures to avoid and minimize,or mitigate environmental impacts: O Wetlands restoration at a 1:1 ratio; ' 0 Erosion and sedimentation controls; o Measures to reduce noise impacts; ' i Vehicle emission controls; e Transportation improvements: including site access modifications and, within one year of commencing transfer station operation, an evaluation of vehicle crash history and a ' review of signal timing, phasing and coordination along highland Avenue(with recommendations to Masshighway for implementation as part of its proposed work in the area). ' MassDEP in its comment letter has expressed concern about waste materials exposed along the bank of Forest River below the water surface. The proponents should ensure that the riverbank area is designed to provide adequate stability to the bank and prevent erosion of waste ' materials (ash)to the environment. The proponents should consult with MassDEP to discuss any alterations in design that may be required. As noted by MassDEP in its comment letter, ' information on the exposed material was not available to MassDEP when it reviewed the Corrective Actions Alternative Analysis(CAAA) for the Salem landfill closure. MassDEP issued a conditional approval of the CAAA in April 2005. ' The proponents should redesign the stormwater management system as necessary to ensure compliance with the Stonnwater Management regulations that went into effect January ' 2008. The system as proposed in the ENF does not comply with these regulations. The proponents should submit additional calculations and data to MassDEP to support the conclusion that the stormwater management system will meet applicable performance standards. I refer the ' proponents to the MassDEP comment letter for guidance on additional information to submit, which should include details of Best Management Practices(BMPs) and a long-term pollution prevention and pollution control plan. ' 2 EEA x#14261 ENF Certificate ' July 25, 2006 The City of Salem Board of Health, in its continent letter, questioned whether the ' proposed building size will be adequate. The proponents should submit final designs for the transfer station to MassDEP and data to demonstrate that the building will be of adequate size to handle the proposed quantity of waste. MassDEP may require,as part of its approval of transfer station design,alteration to the location and/or size of the building to meet operational requirements, including but not limited to, providing adequate room for vehicles to be within the building during tipping. The proponents should provide additional detail in its submittal to ' MassDEP and to the Board of health to demonstrate how odors, litter,dust, noise and other nuisance conditions will be avoided and minimized to protect sensitive receptors in the project area. ' The Traffic Impact and Access Study was prepared in consultation with the Massachusetts highway Department (MassHighway) and the City of Salem. The study includes ' recommendations for intersection improvements along Highland Avenue to be incorporated as part of MassHighway's ongoing project in the area. The study concludes that the proposed transfer station will have minor impacts upon completion of the proposed improvements. The ' proponents should continue consultation with MassHighway to finalize plans for transportation improvements and to ensure that traffic impacts will be avoided and minimized or mitigated to the maximum extent feasible. ' The ENF includes a Noise Study with an analysis of potential noise impacts to the swTounding community. According to the ENF,the proposed project will be designed to operate ' in accordance with the MassDEP noise policy and air pollution control regulations (3 10 CMR 7.10). Noise levels are expected to increase by 3-4 decibels(dBA) at nearest residences and pure tone sounds associated with truck back-up alarms are expected to increase in duration by a total ' of approximately I5 minutes per day. The ENF indicates that the tipping floor building entrance will be situated towards Highland Avenue to reduce noise impacts to residences in the vicinity of the project. I expect that any additional noise mitigation requirements will be incorporated as ' appropriate into the state and local permits and approvals. The Air Quality Modeling Report included in the ENF was prepared in response to the ' Salem Board of Health request to analyze the impact of diesel truck emissions on residential areas in the vicinity of the project. Tlie report indicates that the emissions associated with the project are below the National Ambient air Quality Standards (NAAQS)for particulate matter ' (PMzs and PM 10). I encourage the proponents to continue consultation with the Salem Board of health and to respond to the Board's additional comments and requests for information as further detailed in its comment letter on the ENF. tSeveral co mnent letters received expressed concern about the projects potential traffic, air quality and noise impacts. The proponents should re-evaluate the trip generation projections ' in light of the comments received and consult with the Board of Health to discuss any revisions in the traffic estimates as well as plans for internal traffic routing on-site to ensure safety among commercial vehicles and residents using the drop-off facilities. ' I note that the ENF includes a letter from the City of Salem Legal Department to the Salem Board of Health (dated September 13, 2007),which recommends air quality mitigation to 1 ' 3 ' EEA#14261 ENF Certificate July 25, 2008 be implemented by the proponents. The proponents have committed to the following measures to avoid and minimize air quality impacts associated with diesel emissions. ' e Retrofitting all vehicles used the site with new emissions control equipment; • Limiting hours of operation during commuting hours to reduce emissions during peak non-transfer station traffic; ' a Posting and enforcing anti-idling provisions in accordance with environmental regulations; • Use of misting facilities to help manage fugitive dust emissions during transfer station ' operations; and • Use of ventilation and air filtration equipment to significantly reduce dust emissions during operations. ' I expect that MassDEP and the Board of health will incorporate any additional mitigation requirements as appropriate in any conditional approvals or permits issued. I also note that there ' will be additional opportunity for public comment during the Board of Health's site assignment review process. ' I have determined that the ENF has sufficiently defined the nature and general elements of the project and its potential impacts, and proposed measures to avoid and minimize or mitigate ' impacts. Based on review of the ENF and comments received, and consultation with state agencies, I am satisfied that the project as described in the ENP does not warrant the preparation of an EIR. The proposed project may proceed to state pennittin . July 25, 2008 ' DATE Ian A. AVMes, Seef6ary ' Comments Received: ' 7/14/08 Salem Board of Health 7/15/08 Department of Environmental Protection,Northeast Regional Office 7/15/08 Charles M. Puleo ' 7/15/08 Steven A. Pinto, Councillor at Large and Paul C. Prevey, Councillor Ward 6 7/15/08 Joan B. Lovely,Councillor at Large 7/24/06 BETA Group, Inc. (response to comments on behalf of the proponents) I 1 Fonn Letters: 54 IAB/AE/ae ' 4 1 (�QUALITY PARK ��l 9x14