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02/22/2013 M39 COMPLI Ps 112
Massachusetts Department of Environmental Protection
- Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 64-326
Massachusetts Wetlands.Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use City of Salem
only the tab key Name
to move your 93 Washington Street
cursor-do not
use the return Mailing Address
key. Salem MA 01970
City/Town State Zip Code
Q 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Glover Estates, LLC
Name
5/24/2001 64-326
Dated DEP File Number
3. The project site is located at:
485 Lafa,.yette Street__ Salem
Street Address City/Town
31 237
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Glover Estates, LLC
Property Owner(if different)
Southern Essex 17862 33
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
2/13/2013
Date
wpafrm3b.00c-rev.12123/09 WPA Form 8B,Cerlificale of Compliance•Page t of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-326
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided-by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed. The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
❑ Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
C. Authorization
Issued by: �1
Salem
Conservation Commission Date of Issuance
This Certificate must be signed by a majority of the Conservat n Commission and a
copy sent to the applicant and appropriate DEP Regional Off' (See
http://www.mass.gov/dep/about/region/findyour.htm). 1
J
Signatures:
i f
7
wpafrmfl doc•rev.12/23/09 WPA Form 3e,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 64-326
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
Salem
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
485 Lafayette Street 64-326
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Southern Essex
County
for:
Glover Estates, LLC
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b.boo•rev.12123/09 WPA Form 86,Certificate or Compliance•Page 3 of 3
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 64-326
WPA Form 5 - Order of Conditions Provided by DEP
lug
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
485 Lafayette Street 64-326
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
ESSFv So i
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
17 e(o)-
Book Page
In accordance with the Order of Conditions issued on:
11 - 7 '- 01
Date
If recorded land, the instrument number identifying this transaction is:
3� S�
Instrument Number
If registered I nd the document number identifying this transaction is:
9 Y 9
Docum nt Number
_j
Signatur of Applicant I-I
U�
U
CU
WPA Form 5 Page 7 of 7
Rev.=00
1
SoUtherri District
Regist.r-u of Deed_
:j6 Fefler.yl Street.
Zlerri. HA Cl 1970
11/ /01
Time: 11 :5i Tune: OTHER Lor:
FEE
i :i
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-326
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
out forms on Salem
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
_I �A To: Applicant: Property Owner(if different from applicant):
Glover Estates, LLC Same
Name Name
28 Essex Street
Mailing Address Mailing Address
Lynn MA 01902
City/Town State Zip Code Cityrrown State Zip Code
1. Project Location:
485 Lafayette Street Salem
Street Address Cityrrown
Map 31 Lot 237
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex NA NA
County Book Page
Certificate(if registered land)
3. Dates:
May 10 2001 May 24, 2001 May 24, 2001
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Figure 2 Site Plan Former Chadwick Lead Mill Site Marblehead/Salem MA NA
Title Date
5. Final Plans and Documents Signed and Stamped by:
NA
Name
6. Total Fee:
$55.00
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5 Page 1 d 7
Rev.02/00
Massachusetts Department of Environmentai Protection DEP File Number:
Bureau of Resource Protection -Wetlands 64-326
y WPA Form 5 - Order of Conditions Provided by DEP
W Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
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:
❑ Public Water Supply ® Land Containing Shellfish ❑ Prevention of Pollution
❑ Private Water Supply ® Fisheries ® Protection of Wildlife Habitat
❑ Groundwater Supply ❑ Storm Damage Prevention ❑ Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. 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:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work 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.
❑ 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).
General Conditions (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.
WPA Form 5 Page 2 of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 64-326
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
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 clean 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" [or, "MA DEP"]
"File Number 64-326 1.
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WPA Form 5 Page 3 of 7
Rev.02100
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-326
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
involves work adjacent to a Bordering Vegetated Wetland,
16. Prior to the start of work, and if the project J 9 9
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions (use additional paper, if necessary):
See Attached
Findings as to municipal bylaw or ordinance
Furthermore, the hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
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.
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Name Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
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.
WPA Form 5 Page 4 of 7
Rev.02100
Massachusetts Department of Environmental Protection DEP File Number:
• Bureau of Resource Protection - Wetlands �Gy-3zb
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
Mc-j ',Lu{, ?-66\
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the property owner(if different from applicant).
Signatures:
On%L'3 k�1 � Of VNc`ti 20 O
Day Month an Yeiar
before me personally appeared
J�J �
ig me kQown to be the person described in and who executed the foregoing instrument and
ackn I ged that he/she cut I the same as his/her free act and deed.
g.� 3ol2oc?^�—
Notary Public My Go mission Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on X by certified mail, return receipt requested, on
Dale Date
WPA Form 5 Page 5 of 7
Rev.02100
Massachusetts Department of Environmental Protection DEP He Number:
Bureau of Resource Protection -Wetlands 64-326
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. 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 Appendix E: 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.
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. 131, §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.
D. Recording Information
This Order of Conditions must be 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
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
Salem
Conservation Commission
WPA Form 5 Page 6 of 7
Rev.02100
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands 64-326
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
485 Lafayette Street 64-326
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land the document number identifying this transaction is:
Y �
Document Number
Signature of Applicant
WPA Form 5 Page 7 of 7
Rev.02/00
Salem Conservation Commission
SPECIAL CONDITIONS—DEP FILE# 64-326
485 Lafayette Street, Salem, MA
1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745-
9595 ext.311). Members and agents of the Salem Conservation Commission(Commission)shall have the right
to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance
standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00, and may
require any information, measurements,photographs,observation and/or materials or may require the submittal
of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the
work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is
satisfied that the work will comply,and has so notified the applicant in writing.
2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter
131, Section 40,and Wetlands Regulations 310 CMR 10.00.
3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice
of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding
owners or portions of the property.
4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the
expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed
with the Department of Environmental Protection. This form shall be returned to the Commission within 21
days of recording accordance and prior to commencement of any activities subject to the Order of Conditions.
5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-326,and not placed on a living
tree.
6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or
successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of
the property that takes place prior to issuance of the Certificate of Compliance.
7. 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 Corp 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
(3) Flood Plain
(4) Grading Ordinance
8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule.
9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters
during construction or after completion of the project.
10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No
alteration of wetland resource areas or associated buffer zone,other than that approved in this Order,shall occur
on this property without prior approval from the Commission.
12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection
under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L. Ch. 131, Section
40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field,
whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the
plans or information submitted by the applicant shall be considered changes and the above procedures shall be
followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection.
13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been
issued, the applicant or current landowner shall submit to the Commission a signed statement by the buyer that
he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of
Conditions.
14. Conditions number NA as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,
and shall be referred to in all future deeds to this property.
PRIOR TO CONSTRUCTION
15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING
between the project supervision;the contractor responsible for the work or its administrator to and phone
numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting.
16. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and erosion
control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or
its Administrator shall inspect and approve such installation at the pre-construction meeting.
17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the
Commission in writing a construction schedule/sequence of work to complete this project.
18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be
confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary
and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery,
storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at
anytime.
19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction
activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas
to be impacted and the limits of work in the replication area(s)shall be clearly flagged.
20. There shall be NA hay bales and wooden staked stored under cover on the site to be used only for emergency
erosion control.
EROSION CONTROL
21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and
shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification
provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards
for this project;additional measures may be required by the Commission.
22. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource
areas to prevent sediment from entering wetland resource areas.
23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
24. The areas of construction shall remain in a stable condition at the close of each construction day.
25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to
prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through
haybale sediment traps, silt filter bags or other means approved by the Commission or its Administrator.
26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the
completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using
sufficient top soil to assure long-term stabilization of disturbed areas.
27. If soils are to be disturbed for longer than two 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
surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils
from being washed by rain or flooding.
DURING CONSTRUCTION
28. A copy of the Order of Conditions, construction plans,and copies of the documents and reports cited in
Condition# 11, shall be on the site upon commencement and during any site work for contractors to view and
adhere to.
29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
30. Only clean fill, free of masonry, stumps,asphalt,and any other kind of waste material shall be used on the site.
31. All waste products,grubbed stumps,slash, construction materials,etc. shall be deposited at least 100 feet from
wetland resource areas and 200 feet from rivers.
32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the
City of Salem Health Department.
33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or
concrete products into a buffer zone or wetland resource area shall be removed by hand.
34. No fuel,oil, or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified
in this Order of Conditions.
35. There shall be no pumping of water from wetland resource areas.
36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
37. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when
completed.
38. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of
enforcement actions by the Conservation Commission including,but not limited to,civil administrative
penalties under M.G.L.Chapter 2IA, section 16.
POST CONSTRUCTION
39. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the
use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and
seeded prior to November I of each year, if possible. No disturbed areas or stockpiled material will be left
unprotected or without erosion controls during the winter.
40. Upon completion of construction,the applicant or current landowner shall submit the following to the
Commission to request a Certificate of Compliance:
(1) A letter requesting a Certificate including the following information:
a. Name and address of current landowner;
b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued:
c. Street address and lot number for the project;and
d. DEP file number
(2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the
property with this Order of Conditions
(3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction
conditions and:
a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area;
b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and
replicated areas; and
c. Distances to all structures within 100 feet of any wetland resource area.
41. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds.
42. If the completed work differs from that in the original plans and conditions,the report must specify how the
work differs;at which time the applicant shall first request a modification to the Order. Only upon review and
approval by the Commission,may the applicant request in writing a Certificate of Compliance as described
above.
43. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their
removal.
ADDITIONAL CONDITIONS
44. A Draft Contingency Plan shall be submitted to the Conservation Commission within one week of the issuance
of the Order of Condition. Once the Finale Contingency Plan has been completed,the applicant shall submit it
to the Commission.
45. The proposed fence shall be 6 feet in height with appropriate warning signs displayed in order for the public to
properly informed of any danger.
I �
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WOODARD &CURRAN
Engineering - Science - Operations
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' STATUS REPORT
OF SAMPLING IN THE INTERTIDAL ZONE
SALEM CONSERVATION COMMISSION
485 LAFAYETTE STREET
SALEM, MASSACHUSETTS
JUNE,2001
1
' PREPARED BY:
Woodard & Curran, Inc.
' 980 Washington Street
Suite 325N
Dedham, Massachusetts 02026
r
' STATUS REPORT OF SAMPLING
IN THE INTERTIDAL ZONE
485 LAFAYETTE STREET
' SALEM, MASSACHUSETTS
TABLE OF CONTENTS
' 1.0 INTRODUCTION AND BACKGROUND ............................................................1
2.0 SUMMARY OF SAMPLING ACTIVITIES ..........................................................2
List of Tables
Table I Soil Sample Analytical Results
List of Figures
' Figure 1 Site Locus
Figure 2 Surface Soil Sample Locations
Status Report of Sampling in the Intertidal Zone Woodard& Curran,Inc.
' 485 Lafayette Street,Salem,Massachusetts
June,2001 Page 1
' 1.0 INTRODUCTION AND BACKGROUND
1.1 Introduction
' In accordance with the Massachusetts Contingency Plan (310 C.M.R. 40.000), Woodard
& Curran, Inc. (W&C) has performed surface and subsurface investigation of the subject
property to investigate potential impacts from lead to site soils and groundwater. Subject to an
Order of Conditions set forth on May 24, 2001, W&C submits this Status Report to the Town of
Salem Conservation Commission.
1.2 Background
Woodard & Curran has been retained by Glover Estates, L.L.C. to perform environmental
services for property known as the Former Chadwick Lead Mill Site, located at 485 Lafayette
Street in Salem, Massachusetts, (See Figure 1)("Property"). The property is designated as Lots 1
and.3 on Marblehead Tax Map 55 and as Lot 237 on Salem Tax Map 3 L The combined area of
' the lots is approximately 4.0 acres. The Forest River abuts the property to the northwest; and
Salem Harbor abuts the property to the north. Route 114 (Lafayette Street) abuts the property to
the southwest. A walking trail/bike path, which is the former B & M Railroad Right of Way, is
owned by the Town of Marblehead and runs across the northern portion of the property.
Previous subsurface investigations have indicated that soil and groundwater at the site
' have been impacted by lead. The property was used as a lead manufacturing facility from 1849
until 1946, when the facility closed. The facility was then used for food storage until 1968, when
it was vacated and later consumed by fire. The site has been vacant ever since, and there are
' currently no buildings on the property.
Subsurface soil and groundwater sampling completed during the Site Investigation in
t 2001 detected compounds at concentrations greater than the applicable Massachusetts
Contingency Plan (MCP; 310 CMR 40.0000) Reportable Concentrations. Thus, the DEP issued
Release Tracking Number 3-12695 for this site.
' Status Report of Sampling in the Intertidal Zone Woodard& Curran,Inc.
485 Lafayette Street, Salem,Massachusetts
June,2001 Page 2
2.0 SUMMARY OF SAMPLING ACTIVITIES
' 2.1 Sample Locations
' Samples for total lead in sediment along the intertidal zone were collected on February 3,
2001. Ten (10) samples were collected representing composites of five locations within ten
cells spaced approximately 50 feet apart. A background sediment sample was collected on the
same day approximately 250 yards east of the easternmost cell sampled (See Figure 2).
2.2 Results
' Samples were analyzed on February 9, 2001 by Resource Laboratories, LLC,
Portsmouth,NH, for total lead using Method 601013. Table 1.lists the:analytical results for each
of the eleven samples. The.maximum detection was 6,600 µg/g dry wt (ppm) in BS-5, the
' minimum was 11 µg/g drywt.(ppm) in BS-8, and the average detection was 1,173.36.µg/g dry
wt (ppm). The table compares the results to the MCP Direct Contact Standards. As part of
ongoing response actions,ia site specific risk characterization will be prepared,that will identify a {
' clean-up value for lead in sediment along the intertidal area.
' Table 1 - Soil Sample Analytical Results
' A Sample ID b' 'Result $ Quantttatrve Limit T�, HJ)ircct Contact ;�t
v l (pp
Eta i!! 9jl -1, ", v a a. �I,ml l p� li'Ym)t,,. � � ,ar Stanflayrtl'���� +k
,y'�a A! !r .� ��' �, u «I? .. " s3. G�2!''^'ti 5{�pl�mle! d!{I:s'�"
"'. Nei j�..,, +! ve ?'` f.Yuf S",.'S'
' BS-I 2,200 0.3 300
BS-2 1,300 0.3 300
BS-3 940 0.3 300
' BS-4 780 0.4 300
BS-5 6,600 0.3 300
BS-6 840 0.3 300
BS-7 100 0.03 300
BS-8 11 0.03 300
BS-9 67 0.04 300
BS-10 38 0.03 300
BG-1 31 0.03 300
Note:
1. Bolded results exceed the Direct Contact Standards for Lead as specified in 310 CMR 40.0985(6)
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' FORMER CHADWICK LEAD MILL SITE
485 Lafayette Street
Base Map Source: SALEM, MASSACHUSETTS
' TOPO!TM@ 1996 FIGURE 1
SITE LOCUS
Wildflower Productions
SCALE: AS SHOWN IJOB NO.:205777.01
' DATE: May 2001 1 FILE NAME: SITE LOCUS
WWDARD&CURRAN
Engineering . Science .Operations
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New Hampshire
Connecticut 1
Florida
Illinois
Operational offices across the U.S.
1-800.426.4262
www.woodardcurran.com
1
Massachusetts Department-of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town
A. General Information
Important:
When filling out 1. Applicant:
forms on the Glover Estates, LLC
computer, use Name
only the tab E-Mail Address
key to move 28 Essex Street
your cursor- Mailing Address. _
do not use the Lynn MA 01902
return key. CityFrown State Zip Code
Phone Number Fax Number(if applicable)
2. Representative (if any):
Woodard & Curran Inc.
Firm --- — -
Brian McGrath bmcgrath@woodardcurran.com
Note: Contact Name E-Mail Address
Before 980 Washington Street, Suite 325N
completing this _Mailing Address
form consult Dedham MA 02026
your local
Conservation. City/Town State Zip Code
Commission (781) 251-0200 (781) 251-0847
regarding any Phone Number Fax Number(if applicable)
municipal bylaw
or ordinance. 3. Property Owner(if different from applicant):
Name
Mailing Address
City/Town State Zip Code
4. Total Fee:
(from Appendix B:Wetland Fee Transmittal Form)
5. Project Location:
485 Lafayette Street Salem
Street Address Cityfrown
Map 31 Lots 237
Assessors Map/Plat Number Parcel/Lot Number
6. Registry of Deeds:
Essex
County Book Page
Certificate(if Registered Land)
wpaform3.doc-rev.514/01 Page 1 of 8
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town
A. General Information (cont.)
7. Summary of Project Impacts:
a. Is any work being proposed in the Buffer Zone?
® Yes If yes, how many square feet?
400
Square Feet
❑ No
b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent
impacts, prior to restoration and mitigation):
Resource Area Size of Impact(e.g.,sq.ft.)
No impacts anticipated
B. Project Description
1. General Project Description:
Erection of 400 linear feet of chain link fence for the purpose of limiting access to the site.
2. Plan and/or Map References:
Figure 1: Site Locus May, 2001
Title Date
Figure 2: Site Plan May, 2001
Title Date
wpafonn3.doc•rev.514101 Page 2 of 8
I
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
1 WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town
C. Activities Subject to Regulation
1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone:
Inland Resource Areas Coastal Resource Areas
❑ Inland Bank ® Coastal Beach ❑ Barrier Beach
❑ Bordering Vegetated Wetland (BVW) ® Rocky Intertidal Shore ❑ Coastal Dune
® Salt Marsh ® Coastal Bank
b. Complete for all pkroposed activities located, in whole or in part, in Wetland Resource Area(s).
Inland Resource Areas:
Bordering Vegetated Wetlands: Bordering Land Subject to Flooding:
N/A N/A
Square Feet altered Volume of Flood Storage Lost(cubic feet)
N/A N/A
Square Feet replaced Volume of Flood Storage Compensation(cubic feet)
Land Under Water Bodies: Isolated Land Subject to Flooding:
N/A N/A
Square Feet altered Volume of Flood Storage Lost(cubic feet)
N/A N/A
Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet)
Bank:
N/A
Linear Feet altered
Coastal Resource Areas:
Coastal Dune: Land Under Salt Pond:
N/A N/A
Square Feet altered Square Feet altered
N/A N/A
Cubic YardsNolume removed Cubic Yards dredged
Salt Marsh: Rocky Intertidal Zone:
N/A N/A
Square Feet altered Square Feet altered
Coastal Bank: Designated Port Area:
N/A N/A
Linear Feet altered Square Feet altered
wpaform3.doc•rev.5/4/01 Page 3 of 8
I `
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town
C. Activities Subject to Regulations (cont.)
Fish Run: Land Containing Shellfish:
N/A N/A
Linear Feet altered Square Feet altered
Land Subject to Coastal Storm Flowage: Beach:
N/A 400
Square Feet altered Square Feet altered
Land Under Ocean:
N/A
Square Feet altered
N/A
Cubic Yards dredged
Riverfront Area:
a. Name of Waterway (if available):
Forest River
b. Width of Riverfront Area (check one):
❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
® 200 ft. -All other projects
c. Describe how the Mean Annual High-Water Line was determined:
Statistical calculation based on the NGVD 29
d. Distance of proposed activity closest to the Mean Annual High-Water line:
> 25 feet
Feet
e. Total area of Riverfront Area on the site of the proposed project:
N/A
Square Feet
f. Proposed alteration of the Riverfront Area:
0 0 0
Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft.and 200 ft.
wpafonnldoc•rev.514101 Page 4 of 8
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town
C. Activities Subject to Regulation (cont.)
2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary:
❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached)
❑ DEP BVW Field Data Form (attached)
❑ Final Determination of Applicability issued by Conservation Commission (attached)
❑ Other Methods for Determining the BVW boundary (attach documentation):
❑ 50% or more wetland indicator plants
❑ Saturated/inundated conditions exist
❑ Groundwater indicators
❑ Direct observation
❑ Hydric soil indicators
n Credible evidence of conditions prior to disturbance.
3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most
recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program?
❑ Yes If yes, include proof of mailing or hand delivery of NOI to :
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
Westborough, MA 01581
® No
October 1, 1999
Date of Map
b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations):
ACEC
® No
c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)?
❑ Yes
® No
wpaform1doc•rev.514101 Page 5 of 8
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of intent
�\ Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town
D. Performance Standards
1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 or 310 CMR 10.53?
❑ Yes If yes, describe which limited project applies to this project:
Limited Project
® No
2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the
wetlands regulations, 310 CMR 10.00.
❑ Yes If yes, describe which exemption applies to this project:
Exemption
® No
3 a. Is the project located in the Riverfront Area?
® Yes If yes, indicate the proposed project purpose:
❑ Single Family House ❑ Industrial Development
❑ Residential Subdivision ❑ Commercial Development
❑ Transportation ® Other(describe)
Erection of 400 linear feet of chain link fence
b. Was the lot where the activity is proposed created prior to August 1, 1996?
® Yes
❑ No
4. a. Describe how the project will meet all performance standards for each of the resource areas
altered, including standards requiring consideration of alternative project design or location. Attach
narrative and supporting documentation.
b. Is this project exempt from the DEP Stormwater Policy?
® Yes If yes, explain why the project is exempt::
Construction activity disturbing less than five acres
❑ No If no, stormwater management measures are required. Applicants are encouraged to
complete Appendix C: Stormwater Management Form and submit it with this form.
wpaform3 doc-rev.514101 Page 6 of 8
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town
E. Additional Information
Applicants must include the following with this Notice of Intent (NOI):
• USGS or other map of the area (along with a narrative description, if necessary), containing sufficient
information for the Conservation Commission and the Department to locate the site.
• Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland (BVW) replication area or other mitigating measure) relative to the
boundaries of each affected resource area.
• Other material identifying and explaining the determination of resource area boundaries shown on
plans (e.g., a DEP BVW Field Data Form).
• List the titles and final revision dates for all plans and other materials submitted with this NOI.
F. Fees
The fees for work proposed under each Notice of Intent must be calculated and submitted to the
Conservation Commission and the Department(see Instructions and Appendix B. Wetland Fee
Transmittal Form).
No fee shall be assessed for projects of the federal government, the Department,or cities and.towns of
the Commonwealth.
Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B) to confirm
fee payment:
Check Number Check date
Payor name on check Applicant name(if different from payor)
G. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail
(return receipt requested) to all abutters within 100 feet of the property line of the project location.
Signature of Applicant Date
Signature of Property Owner(if different) Date
Signature of Representative(if any) Date
wpaform3 doe-rev 514101 Page 7 of 8
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
\ WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town
G. Signatures and Submittal Requirements (cont.)
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two
copies of pages 1 and 2 of Appendix B; and the city/town fee payment must be sent to the Conservation
Commission by certified mail or hand delivery.
For DEP:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two
copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP
Regional Office (see Appendix A) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes' box in any part of Section C, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely
manner may result in dismissal of the Notice of Intent.
wpaform3.eoc•rev.514/01 Page 8 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix A — DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whatoy
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield - Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury - Rutland Uxbridge
627 Main Street Ashburnham Clinton - Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01608 Athol Dudley Holliston Norihborough Southborough Westborough
Phone: 508-792-7650 Auburn Dunstable Lancaler Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barra Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster "
Berlin Grafton Lunenburg Paxton Sturbridge Wnchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester l
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Goi Nantucket Rehoboth Wareham
Lakeville, MA 02347 Avon Duxbury Halifax NewBedford Rochester Weltlleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD: 508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marian Plainville Stoughton
Chatham Fcoborough Marshfield Plymouth Swansea
Chill Franklin Mashpae Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Wilmington, MA 01887 Ashland Concord Ipswich Millis Revere Watertown
Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD: 978-661-7679 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherborn Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Grassland Modred North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Wobum
Carlisle Haverhill Melrose Peabody Topsfield
Wpaform3.doc•Appendix A•rev.11/1 Page 1 of 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix B — Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important: A. Applicant Information
When filling out
forms on the 1. Applicant:
computer, use
only the tab Glover Estates, LLC
key to move Name
your cursor- 28 Essex Street
do not use the Mailing Address
return key. Lynn MA 01902
City/Town State Zip Code
reD
Phone Number
2. Property Owner(if different):
Name
.,, Mailing Address
City/Town State Zip Code
Phone Number ..
3. Project Location:
Street Address City/Town
B. Fees
To calculate
filing fees, refer Abbreviated Notice of Resource Area Delineation (Form 4A):
to the category
fee list and The fee is calculated as follows (check applicable project type):
examples in
Section of
this form.. ❑ single family house project
X$1.00=
(feet of Bvvv) Total fee(not to exceed$100)
❑ all other projects
X$1.00=
(feet of BvN) Total fee(not to exceed$1,000)
State share of filling fee:
(1/2 of total fee less$12.50)
City/Town share of filling fee:
(1/2 of total fee plus$12.50)
Wpaform1doc•Appendix B•rev 5/4/01
Page 1 of 6
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix B — Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (cont.)
Abbreviated Notice of Intent(Form 4)or Notice of Intent(Form 3):
The fee should be calculated using the following six-step process and worksheet:
Step 1/Type of Activity: Describe each type of activity (see Section D for a list of activities) that will
occur in wetland resource area and buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/Individual Activity Fee: Identify each activity fee from the six project categories in Section D.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per
category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a
Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be
multiplied by 1.5 and then added to the subtotal amount.
Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from;Step 4.
Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee'in half and subtract
$12.50. To calculate the city/town share of the fee, divide the total fee in half and add $.12.50. .
Step 11Type of Activity Step 2/Number Step 3/Individual 'Step 4/Subtotal
of Activities Activity Fee Activity Fee
Site work without a house 1 $55.00 $55.00
Step 51Total Project Fee:$55.00
Step 6/Fee Payments:
Total Project Fee:$55.00
(Total fee from Step 5)
State share of fling fee:$15.00
(12 total fee less$12.50)
City/Town share of filling fee:$40.00
(12 total fee plus$12.50)
Wpaform3 doc•Appendix B•rev.514101 Page 2 of 6
Massachusetts Department of Environmental Protection
LlBureau of Resource Protection - Wetlands
WPA Appendix B — Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee,
payable to the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent, Abbreviated Notice of Intent, or
Abbreviated Notice of Resource Area Delineation, a copy of pages 1 and 2 of this form; and
the city/town fee payment.
c.) To DEP Regional Office (see Appendix A): Send the Notice of Intent, Abbreviated Notice of
Intent, or Abbreviated Notice of Resource Area Delineation; a copy of pages 1 and 2 of this
form; and a copy of the state fee payment.
D. Calculating Wetland Filing Fees °f i
The wetland filing fee should be calculated using the following steps. The examples listed for each step
are based on a project that involves two driveway crossings through a Riverfront Area and Bordering
Vegetated Wetland and six single family houses,in Riverfront Area only.
Step 1/Type of Activity: Review plans and narrative to identify each activity in wetland resource areas
and Buffer Zones. Example: driveway crossing and construction of a single family house.
Step 2/Number of Activities: Determine the number of each activity associated with the project.
Example: driveway crossings and 6 single family homes
Step 3/Individual Activity Fee: List the fee amount for each category of activity (see Category
Activities and Fee on page 4) Example: Driveway crossing is a Category 2(f.) activity and is$250
each. Construction of a single family house is a Category 2(a.) activity and is$250 each.
Step 4/Subtotal Activity Fee: Determine the subtotal fee for each type of activity by multiplying the fee
for the activity (Step 3) by the number of activities (Step 2). If the activity is within the Riverfront
Area as well as another resource area or Buffer Zone, add 50% to total fee (e.g., multiply the fee by
1.5). If the activity is located in a Riverfront Area only, apply the fee amount for the category without
the additional 50%. Example: 2 (driveway crossings in BVW) x$250 x 1.5 (for riverfront area) _
$750, 6 (single family homes) x $250 = $1,500.
Step 5/Total Project Fee: Add all the subtotals identified in Step 4 to determine the total fee. Example:
$750 + $1,500 = $2,250.
Step 6/Fee Payments: The state share of the fee is 50% of any filing fee in excess of$25 (i.e., the
state share can be determined by dividing the total fee in half and subtracting $12.50); the
remaining portion of the fee shall be made to the city or town (i.e., the City/Town share can be
determined by dividing the total fee in half and adding $12.50). Example: City/Town share:
$1,137.50; state share: $1,112.50.
Wpaform3.doc•Appendix B•rev.514101 Page 3 of 6
Massachusetts Department of Environmental Protection
LlBureau of Resource Protection - Wetlands
WPA Appendix B — Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Calculating Wetland Filing Fees (cont.)
Category Activities and Fees
Category 1 (Fee for each activity is $55):
a.) work on single family lot; addition, pool, etc.,
b.) site work without a house;
c.) control vegetation;
d.) resource improvement;
e.) work on septic system separate from house,
f.) monitoring well activities minus roadway,
g.) new agricultural or aquaculture projects.
Category 2 (Fee for each activity is $250)
a.) construction of single family house,
b.) parking lot,
c.) beach nourishment,
d.) electric generating facility activities;
e.) inland limited projects minus road crossings and agriculture;
f.J . each crossing for driveway to single family house;
g.) each project source (storm drain) discharge;
h.) control vegetation in development;
i.) water level variations;
j.) any other activity not in Category 1, 3, 4, 5 or 6;
k.) water supply exploration.
Category 3 (Fee for each activity is $525)
a.) site preparation (for development) beyond Notice of Intent scope;
d.) each building (for development) including site;
c.) road construction not crossing or driveway,
d.) hazardous cleanup;
e.) water supply development.
Category 4 (Fee for each activity is $725):
a.) each crossing for development or commercial road,
b.) dam, sluiceway, tidegate (safety)work;
c.) landfills operation/closures;
d.) sand and gravel operations;
e.) railroad line construction;
f.) bridge;
g.) hazardous waste alterations to resource areas,
h.) dredging;
i.) package treatment plant and discharge;
j.) airport tree clearing;
k.) oil and/or hazardous material release response actions.
Category 5 (Fee is$2 per linear foot; total fee not less than $50 or more than $1,000):
a.) work on docks, piers, revetments, dikes, etc. (coastal or inland).
Category 6 (Fee is$1 per linear foot; but not to exceed $100 for activities associated with a single
family house or$1,000 for all other activities)
a.) boundary delineations for Bordering Vegetated Wetlands.
Wpaform3 don•Appendix B•rev.514101 Page 4 of 6
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix B — Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Calculating Wetland Filing Fees (cont.)
Examples of How to Calculate Wetland Filing Fees
Example: New single family house with associated work located within Riverfront Area (RA) only:
There is one Category 2 activity (2.a., single family home construction and associated work).
Fee for home and associated work(RA): = $250
Total Fee: $250
Fee due City/Town:$137.50 ($250/2 + $12.50)
Fee due State: $112.50 ($250/2 -$12.50)
,Example:. Construction of 10 single family homes within a subdivision, eight of the homes are within a
Riverfront Area (RA), and a portion of each of the two remaining homes are within Bordering
Vegetated Wetland (BVW)and RA. There will be 4 stormwater discharges located within Buffer
Zone. There also is one limited project access roadway reviewable under 310 CMR 10.53(3)(e)
located in BVW and RA.
There are ten Category 2 projects (2(a.), 10 homes each involving work in a wetland resource area) .
and one Category 4 project 4(a.), limited project for access to residential subdivision). The fee for
review of the stormwater discharges is included in Category 2(a.).
Fee for single family homes:
8 in RA($250 for each of the 8 homes) _ $2000
2 in BVW: $500 x 1.5 (RA) _ $750
Fee for limited project access: $725 (BVW) x 1.5 (RA) _ $1087.50
Total Fee: $3837.50
Fee due City/Town: $1931.25 ($3837.50/2 + 12.50)
Fee due State: $1906.25 ($3837.50/2 -$12.50)
Wpafonn3.doc•Appendix B•rev.5/4/01 Page 5 of 6
Massachusetts Department of Environmental Protection
LIBureau of Resource Protection - Wetlands
WPA Appendix B — Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Calculating Wetland Filing Fees (cont.)
Example: Construction of a parking lot and three storm drain outlets within Bordering Land Subject
to Flooding (BLSF), and within the Riverfront Area (RA). A septic system will be constructed within
a Buffer Zone that is also within RA.
There is one Category 1 activity (i.e. septic system in Buffer Zone) and four category 2 activities
(2.b. parking lot and (2.g., three storm drain outlets):
Fee for parking lot: $250 (BLSF) x 1.5 (RA) _ $375
Fee for storm drain:$750 (3 storm drains in BLSF) x 1.5 (RA) _ $1125
Fee for septic system: $55 (Buffer Zone) x 1.5 (RA) _ $82.50
Total Fee: $1582.50
Fee due City/Town: $803.75 ($1582.50/2 + $12.50)
Fee due State: $778.75 ($1582.50/2 - $12.50)
Example: Confirmation of the delineation of a 120-foot Bordering Vegetated Wetland (BVW) line
and a Riverfront Area (RA) by submitting an Abbreviated Notice of Resource Area Delineation
(ANORAD). The project involves construction of a single family house(SFH).
There is one Category 6 activity:
Fee for BVW delineation (120 feet x $1.00/foot= $120) $100*
Fee for RA delineation = $0**
Total Fee: $100.00
Fee due City/Town: $62.50 ($100/2 + $12.50)
Fee due State: $38.50 ($100/2 - $12.50)
* Note: Even though the total is$120, the total fee cannot exceed $100 for SHF.
**Note: Under ANORAD, there is no fee for other Resource Area delineations.
Wpafartn3.pop-Appendix 8•rev.514101 Page 6 of 6
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix C - Stormwater Management Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Property Information
Important:
When filling out 1. The proposed project is:
forms on the
computer, use
only the tab New development ❑ Yes
key to move
your cursor- ❑ No
do not use the
return key.
r�
Redevelopment ❑ Yes
❑ No
Combination ❑ Yes (If yes, distinguish redevelopment components from new
development components on plans).
Note: ❑ No
This November
2000 version of
the Stormwater 2. Stormwater runoff to be treated for water quality are based on which of the following calculations:
Management
Form supersedes ❑ 1 inch of runoff x total impervious area of post-development site for discharge to critical areas
earlier versions (Outstanding Resource Waters, recharge areas of public water supplies, shellfish growing areas,
including,those swimming beaches,cold water fisheries).
contained in
Stormwater ❑ 0.5 inches of runoff x total impervious area of post-development site for other resource areas.
Storm
Handbooks.
3. List all plans and documents (e.g. calculations and additional narratives) submitted with this form-
B. Stormwater Management Standards
DEP's Stormwater Management Policy (March 1997) includes nine standards that are listed on the
following pages. Check the appropriate boxes for each standard and provide documentation and
additional information when applicable.
Standard #1: Untreated stormwater
❑ The project is designed so that new stormwater point discharges do not discharge untreated
stormwater into, or cause erosion to, wetlands and waters.
wpaform3 doc•Appendix C•rev.514101 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix C - Stormwater Management Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Stormwater Management Standards (cont.)
Standard #2: Post-development peak discharges rates
❑ Not applicable—project site contains waters subject to tidal action.
Post-development peak discharge does not exceed pre-development rates on the site at the point of
discharge or downgradient property boundary for the 2-yr, 10-yr, and 100-yr, 24-hr storm.
❑ without stormwater controls
❑ with stormwater controls designed for the 2-yr, and 10-yr storm, 24-hr storm.
❑ the project as designed will not increase off-site flooding impacts from the 100-yr,24-hr storm.
Standard #3: Recharge to groundwater
Amount of impervious area (sq. ft.)to be infiltrated:
Volume to be recharged is based on:
❑ The following Natural Resources Conservation Service hydrologic soils groups (e.g. A,B, C, D, or
UA) or any combination of groups:.
(%of impervious area) (Hydrologic soil group) (%of impervious area) (Hydrologic soil group)
(%of impervious area) (Hydrologic soil group) (%of impervious area) (Hydrologic soil group)
❑ Site specific pre-development conditions:
Recharge rate Volume
Describe how there calculations were determined:
List each BMP or nonstructural measure used to meet Standard#3. (e.g. dry well, infiltration trench).
Does the annual groundwater recharge for the post-development site approximates the annual
recharge from existing site conditions?
❑ Yes
❑ No
wpaformldoc•Appendix C•rev.514101 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix C - Stormwater Management Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Stormwater Management Standards (cont.)
Standard#4: 80% TSS Removal
❑ The proposed stormwater management system will remove 80% of the post-development site's
average annual Total Suspended Solids (TSS) load.
Identify the BMP's proposed for the project and describe how the 80% TSS removal will be achieved.
If the project is redevelopment, explain how much TSS will be removed and briefly explain why 80%
removal cannot be achieved.
Standard #5: Higher potential pollutant loads
See Stormwater Does the project site contain land uses with higher potential pollutant loads
Policy Handbook
Vol. I, page
for land uses of
❑ Yes If yes, describe land uses:
high pollutant
loading
❑ No
Identify the BMPs selected to treat stormwater runoff. If infiltration measures are proposed, describe
the pretreatment. (Note: If the area of higher potential pollutant loading is upgradient of a critical area,
infiltration is not allowed.
Standard #6: Protection of critical areas
See Stormwater Will the project discharge to.or affect a critical area?
Policy Handbook
Vol. I, page 1 -25,
for critical areas. ❑ Yes If yes, describe areas:
❑ No
wpaform3.dcc•Appendix C-rev.514101 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix C - Stormwater Management Form
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Stormwater Management Standards (cont.)
Identify the BMPs selected for stormwater discharges in these areas and describe how BMPs meet
restrictions listed on pages 1-27 and 1-28 of the Stormwater Policy Handbook—Vol. I:
Note:
components of Standard #7: Redevelopment projects
redevelopment
projects which Is the proposed activity a redevelopment project?
plan to develop
previously ❑ Yes If yes, the following stormwater management standards have been met:
undeveloped
areas do not fall
under the scope
of Standard 7.
❑ No
The following stormwater standards have not been met for the following reasons:
❑ The proposed project will reduce the annual pollutant load on the site with new or improved
stormwater control.
Standard#8: Erosion/sediment control
❑ Erosion and sediment controls are incorporated into the project design to prevent erosion, control
sediments, and stabilize exposed soils during construction or land disturbance.
Standard#9: Operation/maintenance plan
❑ An operation and maintenance plan for the post-development stormwater controls have been
developed. The plan includes ownership of the stormwater BMPs, parties responsible for operation
and maintenance, schedule for inspection and maintenance, routine and long-term maintenance
responsibilities, and provision for appropriate access and maintenance easements extending from a
public right-of-way to the stormwater controls.
Plarrritle Date
Plan/Title Date
wpaform3.doc•Appendix C•rev.514/01 Page 4 of 5
r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix C - Stormwater Management Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Submittal Requirements
DEP recommends that applicants submit this form, as well as, supporting documentation and plans, with
the Notice of Intent to provide stormwater management information for Commission review consistent
with the wetland regulations (310 CMR 10.05 (6)(b)) and DEP's Stormwater Management Policy (March
1997). If a particular stormwater management standard cannot be met, information should be provided to
demonstrate how equivalent water quality and water quantity protection will be provided. DEP encourages
engineers to use this form to certify that the project meets the stormwater management standards as well
as acceptable engineering standards. For more information, consult the Stormwater Management Policy.
D. Signatures
Applicant Date
Signature
Representative(if any) Date
Signature
wpaformldoc•Appendl C•rev.514101 Page 5 of 5
7LMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix D — Areas of Critical Environmental Concern
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Guidance
Important: Projects proposed in the communities listed below may be located in Areas of Critical Environmental
When filling out Concern (ACECs). To confirm whether the project location is within an ACEC, contact the Conservation
forms on the Commission or the Department of Environmental Management(DEM) ACEC Program. For additional
computer, use information or to verify new ACEC designations, contact DEM's ACEC Program at either
only the tab
key to move 100 Cambridge Street, Room 1404 136 Damon Road
your cursor- Boston, MA 02202 Northhampton, MA 01060
do not use the return617.727.3160 ext. 552 413.586.8706 ext. 21
key�.
gV B. Towns with ACECs within their Boundaries
Town ACEC Name Town ACEC Name
Barnstable Sandy Neck/Barnstable Harbor Mansfield Canoe River Aquifer
Bolton Central Nashua River Valley Mashpee Waquoit Bay
Boston Rumney Marshes Melrose Golden Hills
Fowl Meadow and Ponkapoag Bog Milton Fowl Meadow and Ponkapoag Bog
Neponset River Estuary Neponset River Estuary
Bourne Pocasset River Mt.Washington Kerner Brook Watershed,
Herring River Watershed Schenob Brook
Bourne Back River Newbury Parker River/Essex Bay
Braintree Cranberry Brook Watershed Norton Hockomock Swamp
Brewster Pleasant Bay, Inner Cape Cod Bay Canoe River Aquifer
Bridgewater Hockomock Swamp Norwood Fowl Meadow and Ponkapoag Bog
Canton Fowl Meadow and Ponkapoag Bog Orleans Inner Cape Cod Bay,Pleasant Bay
Chatham Pleasant Bay Peru Hinsdale Flats Watershed
Cohasset Weir River Plymouth Herring River Watershed,
Dalton Hinsdale Flats Watershed Ellisville Harbor
Dedham Fowl Meadow and Ponkapoag Bog Quincy Neponset River Estuary
Eastham Inner Cape Cod Bay Randolph Fowl Meadow and Ponkapoag Bog
Wellfleet Harbor Raynham Hockomock Swamp
Easton Canoe River Aquifer Revere Rumney Marshes
Hockomock Swamp Rowley ParkerRiver/EssexBay
Egremont Kamer Brook Watershed Sandwich Sandy Neck/Barnstable Harbor
Essex Parker River/Essex Bay Saugus Rumney Marshes,Golden Hills
Falmouth Waquoit Bay Sharon Canoe River Aquifer
Foxborough Canoe River Aquifer Fowl Meadow and Ponkapoag Bog
Gloucester Parker River/Essex Bay Sheffield Schenob Brook
Harvard Central Nashua River Valley Stockbridge Kampoosa Bog Drainage Basin
Harwich Pleasant Bay Taunton HodaTx)ck wamp,CanoeRverAquifer
Hingham Weir River,Weymouth Back River Truro Wellfleet Harbor
Hinsdale Hinsdale Flats Watershed Wakefield Golden Hills
Holbrook Cranberry Brook Watershed Washington Hinsdale Flats Watershed
Hopkinton Westborough Cedar Swamp Wellfleet Wellfleet Harbor
Hull Weir River W. Bridgewater Hockomock Swamp
Ipswich Parker River/Essex Bay Westborough Westborough Cedar Swamp
Lancaster Central Nashua River Valley Westwood Fowl Meadow and Ponkapoag Bog
Lee Kampoosa Bog Drainage Basin Weymouth Weymouth Back River
Leominster Central Nashua River Valley Winthrop Rumney Marshes
Lynn Rumney Marshes
Wpafornn3.doc•Appendix D•rev.514/01 Page 1 of 1
Summary of Attachments
Notice of Intent
485 Lafayette Street
Salem, Massachusetts
Attachment A Description of Work
Attachment B Notification to Abutters
Attachment C Abutters List
Attachment D Figures
Figure 1: Site Locus
Figure 2: Site Plan
ATTACHMENT A
DESCRIPTION OF PROPOSED WORK
ATTACHMENT A
Background
Woodard & Curran has been retained to perform environmental services for property
known as the Former Chadwick Lead Mill Site, located at 485 Lafayette Street in Salem,
Massachusetts. The property, which was historically used as a lead paint manufacturing
facility, is designated as Lots 1 and 3 on Marblehead Tax Map 55 and as Lot 237 on
Salem Tax Map 31. The combined area of the lots is approximately 4.0 acres. The
Forest River abuts the property to the northwest, and Salem Harbor abuts the property to
the north. Route 114 (Lafayette Street) abuts the property to the southwest. A walking
trail/bike path, which is the former B & M Railroad Right of Way, is owned by the Town
of Marblehead and runs across the northern portion of the property.
Previous subsurface investigations have indicated that soil and groundwater at the site
have been impacted by lead. Historical records indicate that the site was used as a
military installation by the United States of America during the late 18'h century. The
property was converted to a lead manufacturing facility in 1849, and was used for this
purpose until 1946, when the facility closed. The facility was then used for food storage
until 1968, when it was vacated. The site has been vacant ever since, and there are
currently no buildings on the property.
Objective
In accordance with the Massachusetts Contingency Plan (310 C.M.R. 40.000), Woodard
& Curran is proposing erection of a fence to limit access to the subject property,
protecting the public from potential impacts from lead contamination in the site soils.
Description of Proposed work
Erection of 400 linear feet of chain link fence at the Former Chadwick Lead Mill Site
r
ATTACHMENT D
FIGURES
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MN }I TN 0 1/21 1 MILE
16- I 0 1000 FEET 0 SOOm 1000m
VDES.BY: DR.BY: CJP CK.BY:MD
FORMER CHADWICK LEAD MILL SITE
485 Lafayette Street
Base Map Source. SALEM, MASSACHUSETTS
TOPOITM@ 1996 FIGURE 1
SITE LOCUS
Wildflower Productions
SCALE: AS SHOWN IJOB NO.:205777.01
DATE: May 2001 IFILE NAME: SITE LOCUS
WOODARD&CURRAN
Engineering - Science -Operations
38 Pond Street
Marblehead, MA 01945
May 10, 2001
Conservation Commission
City Hall
93 Washington Street
Salem, MA 01970
Dear Members of the Commission:
I am writing to ask for your assistance in discouraging the proposed assisted living
facility of Glover Estates and their request to the Attorney General's office for a
"covenant not to sue" under the Brownfields Act at the old lead mills site next to the
Forest River.
As I explain in the enclosed copy of my letter to the Attorney General's office, I think
Marblehead and Salem stand to lose a beautiful gateway between the town and city if this
proposal goes forward. The Forest River and Salem Harbor also stand to lose, as
pollution associated with the development will degrade water quality and habitat for
aquatic species, including a promising shellfish nursery on the adjacent estuary. I have
enclosed a copy of my letter.
I am pleased that the Attorney General has extended the comment period until July 2nd . I
do hope that you will study the situation and conclude that the covenant not to sue is
inappropriate for this site and that other land uses of the site such as passive recreation
along trails connecting two of Marblehead's conservation areas are far better.
Thank you for your consideration of my request and for becoming pro-active on this
issue. Please do not hesitate to call me at 781-631-9760 if you have questions.
Sincerely,
kuf la V041-1k04,1_
Maria Van Dusen
_1�d3QW3�dS t�td
38 Pond Street
Marblehead, MA 01945
May 6, 2001
James D.P.Farrell, Assistant Attorney General
Brownfield s Unit Chief
Massachusetts Attorney General's Office
200 Portland Street, Boston, MA 02114
Email James.Farrell@ago.state.ma.us
RE: Glover Estates, LLC.
Dear Mr. Farrell:
I am writing to express my deep concern that the former Chadwick Lead Mills property
along the Forest River in Marblehead and Salem will be developed as an assisted living
nursing home facility. I am concerned that the Attorney General will grant the developer
or owner a"Covenant Not to Sue" under the Brownfields Act that will serve to encourage
the development of this site for buildings and parking.
Until my retirement last fall I worked for the Commonwealth for over thirteen years
including the last ten years as the Director of the Riverways Programs in the Department
of Fisheries, Wildlife, & Environmental Law Enforcement. From that vantage point I
think this site should not be developed because of its close proximity to an estuary of
significance at the head of Salem Harbor. There is a high likelihood that the development
of the contaminated lead mills site will lead to contamination of the waters and natural
habitats along the shore.
The Division of Marine Fisheries presently considers the Forest River to be very
important nursery for a number of commercially and recreationally important species.
Surveys by the Division have found abundant soft shall clams all along the shore of the
estuary adjacent, above and below the lead mill site. Contaminated runoff from any
construction in the area or from impervious surfaces could impact negatively on the water
quality and the eventual opening of these shellfish beds.
Over the past 40 years that I have lived in Marblehead I have seen the lead mills site
become more and more attractive thanks to the natural growth which has thrived there.
Today there are fruit trees blooming and later in the summer wildflowers and lovely
shade trees flourish. Leaving the site undisturbed is likely to cause the least impact on the
area and its natural resources and human neighbors and users.
I believe it is important that the Attorney General and citizens work with the landowner,
the city of Salem and the town of Marblehead and the State to keep this land in its natural
condition as an attractive Gateway between Marblehead and Salem. The present land use
in the surrounding area is completely residential and open space. Introducing a
commercial building at this time on the lead mills site would change forever the
attractiveness of the area for residents and visitors to both towns and contribute to traffic
congestion.
This is not an appropriate site for the Brownfields endorsed redevelopment. The Glover
Estates should not be granted liability protections with respect to third-party claims and
claims by the Commonwealth for natural resource damage to make it easier to get
financing for the proposed business use. While I am a strong supporter of using state
assistance in the redevelopment of inner city degraded sites, particularly as a way to
enhance riverfront uses, this site does not meet the standards of the Act for
redevelopment. However, it is an excellent site for Brownfield re-use and enhancement of
public greenspace.
I understand that the Brownfields Act liability waivers and the exemptions for
redevelopment under the Rivers Protection Act apply to sites that contain derelict
factories or contaminated wastelands left behind by former industrial users. This is
contrary to the present conditions on the old lead mills area on the east side of Route 114
along the Forest River. There is now an attractive largely wooded area with some small
open grassy areas. This open space complements the very popular adjacent bike and
walking path along the old rail road track bed that has been developed with strong town
and volunteer efforts. This 4 acre site could be an important permanent extension of the
town of Marblehead Wyman Woods Conservation land to the Forest River Conservation
Land on the west side of Route 114 which continues along the Forest River to Route IA.
Linking protected natural open spaces provides significant habitat protection for birds
and small creatures.
I encourage the Attorney General to reject this site as inappropriate for Brownfields
business redevelopment. This would be consistent with the jurisdiction of the Salem and
Marblehead Conservation Commissions, which will have to rule on the re-use of the lead
mills property within the buffer zone of the Forest River under the Wetlands and River
Protection Acts. The Conservation Commissions should also rule against any assisted
living facility development proposal as drainage from the building and parking area
would inevitably reach the Forest River and the estuary at the top of Salem Harbor and
add to the pollution of these waters.
I find it very sad to see the request for building on this site. About five years ago in my
capacity as a director of the Essex County Greenbelt Association, I walked the site with
the Marblehead Town Planner, members of the Marblehead Conservation Commission,
the Executive Director of Essex County Greenbelt and an attomey from EPA. I
understood then that site was suitable only for passive recreational use. Trails could be
laid out and covered with appropriate capping material and the woods and fields could be
left as is with fencing to discourage human use. We were told that the site was being
r
F
further tested but that lead was a contaminant that is unlikely to move through the soil as
long as it is not disturbed. Greenbelt was even willing to help the town with some of the
preparation costs.
Today, at this juncture, in looking at what is appropriate use of the site, I believe that
passive open space is the safest and most valuable use of the land. I encourage the
Attorney General to reject the request for"covenant not to sue" and instead help the
several interested parties negotiate a settlement with the owner for the re-use of the lead
mills site as open space.
Thank you for the opportunity to comment on this request. If you need further
information, please do not hesitate to contact me at the above address or by email at
Maria,vdb14w-*je.,pt{br by telephone at 781-631-9760.
Sincerely,
-A
Maria Van Dusen
CC: Marblehead Selectmen
Mayor of Salem
Marblehead Conservation Commission
v'galem Conservation Commission
CORPORATE OFFICES:Maine,Massachusetts,
WOODARD&CURRAN
New Hampshire,Connecticut,Illinois,Florida
Engineering - Science Operations Operational offices throughout the U.S.
June 1, 2001 SALE'Ml
PU,NN1NG DEPI.
Mr. Don Cefalo
Salem Conservation Commission
120 Washington Street
Salem, Massachusetts 01970
Subject: Status Report of Sampling in the Intertidal Zone
Dear Mr. Cefalo,
Subject to the May 24th meeting of the Salem Conservation Commission, Woodard&.
Curran of Dedham, Massachusetts has prepared a Status Report of Sampling in the
Intertidal Zone at the Former Chadwick Lead Mill Site in Salem, Massachusetts. .
Please feel free to contact our offices if you have any questions about this request or any other
aspects of service Woodard & Curran is providing to Glover Estates.
Sincerely,
Woodard & Curran Inc.
Brian McGrath
Compliance Specialist
980 Washington Street, Suite 325 1 Dedham, Massachusetts 02026 1 781-251-0200 1 781-251-0847(Fax)
1-800-446-5518 1 www.woodardcurran.com
CORPORATE OFFICES:Maine,Massachusetts,
WOODARD&CURRAN New Hampshire,Connecticut,Illinois Florida
Engineering , Science - Operations Operational offices throughout the U.S.
May 10, 2001
Mr. Don Cefalo
Salem Conservation Commission
One Salem Green
Salem, Massachusetts 01970
Subject: Notice of Intent
Dear Mr. Cefalo.
Woodard & Curran of Dedharn, Massachusetts is planning to erect 400 itn:?-r lect of .
chain link.fence at the Former Chadwick Lead Mill Site in Salem, Massacit.use.rts-for.the
purpose of timiting access to the site. _}t.clos,.d please find eight copies :or the cocnpletod
Notice of a [description of Woork, Nofficafion to Abutters, a list :Xabuue, &Site
k oc-us Map, ta. Site flan identifying the .oua!,, m of the fence, and payawrit(! fce. fot.the' .
work proposed under tlre noti e ,2 i.rtent. ,
Please feel free to contact our offices if you have any questions about this request or any other
aspects of service Woodard & Curran is providing to Glover Estates.
Sincerely,
Woodard & Curran Inc.
I
Brian McGrath
Compliance Specialist
980 Washington Street, Suite 325 1 Dedham, Massachusetts 02026 a 781-251-0200 1 781-251-0847(Fax)
1-800-446-5518 1 www.woodardcurran.com