64-268 - 116-118 LEACH STREET - CONSERVATION COMMISSION N 116-It8 .l, sr 6y-
•.. •fVE]ew.�....:iv..tmtw:.u.u.:i..✓du1r.�..eeti..a.r., :•: .. ,•. .•... _ .• � •. �.c:..mno[SZvu�Cuw.�..aw--m..Yn..�.._..eu.n-:..a �u�.a'�L��v",
Y
Ronald D. Seal
ATTORNEY AT LAw
172 NEWBuRY STREET,5m FLOOR
BosTON,MA o2n6
Telephone:(617)266-S9oo
ronatd.segalQ@verizon.net Fax:(617)424-6599
November 4, 2014
Tom Devine,
. Conservation Officer
City of Salem Conservation Commission
120 Washington Street, 3rd floor
Salem, MA 01970
Re: Certificates of Compliance DEP 64-268 and DEP 64-342
116-118 Leach Street, Salem, MA 01970
Dear Tom:
I recorded the Certificate of Compliance for the above-referenced.Orders today.
Enclosed please find:
(1) copy of Certificate of Compliance for DEP 64-268, which was recorded
with the Essex S. Registry of Deeds in Book 33652, Page 3;
(2) corresponding Recording Confirmation Page, completed by me;
(3) copy of Certificate of Compliance for DEP 64-342, which was recorded
with said Registry of Deeds in Book 33652, Page 5; and
(4) corresponding Recording Confirmation Page, completed by me.
Thank you again for all of your efforts and assistance in guiding Ms. Labonte
myself through this process.
Very 1
Ronald D. Segal
RDS:nb
Enclosures:
Cc: Kathleen M. LaBonte (w/Encls)
NC\HP\L.aB onte l4LeachPurMMCLAB-2-2/
11111111111111111�1111111111111111111(ll 111
li 20141104@04031103652 Pg:3
11/04/2014 02:18 COMPLI Pg 112
Return to:
Ronald D. Segal,Esq.
172 Newbury St., fith Fl.
Boston,N A 02116
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-268
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 Kathleen M. LaBonte
only the tab key Name
to move your 118 Leach Street, Unit 118
cursor-do not Mailing Address
use the return
key. Salem MA 01970
City/rown State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Charles R. O'Connell
�0 Name
September 11 1997 64-268
Dated DEP File Number
3. The project site is located at:
116-118 Leach Street Salem
Street Address City/rown
33 0547-801 (Unit 116)&0547-802 Unit 118)
Assessors Map/Plat Number ParceULot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Charles R. O'Connell
Property Owner(if different)
Essex South District Registry of Deeds 14786 134
County Book Page
i Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
:// 1"/d0 14f
Date
iwpahmeb.doc•rev.5R9114 MA Form ea,Certificate d Compfame•Page 1&3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-268
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
i completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
i
i ❑ 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:
Salem Conservation Commission 7
Conservation Commission to of Is uance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
http://www.mass.gov/eea/agencies/massdei)/abouUcontacts/find-the-massdep-
regional-office-for-your-city-or-town.htm l).
t , S,
wpereneb.tl •rev.SM114 WPA Form aa,Cenfo&e of Compliance•Pepe 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEPFileNumber:
?� WPA Form 8A — Request for Certificate of Compliance Pro 68vided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Project Information
Important:
When filling out 1. This request is being made by:
forms on the Kathleen M. LaBonte
computer, use Name
only the tab key to move 118 Leach Street, Unit 118
your cursor- Mailing Address
do not use the Salem MA 01970
return key. Cityrrown State Zip Code
978-239-8115
m Phone Number
2. This request is in reference to work regulated by a final Order of Conditions issued to:
"°"' Charles R. O'Connell
Applicant
September 11, 1997 64-268
Dated DEP File Number
Upon completion
of the work 3. The project site is located at:
authorized in 116-118 Leach Street Salem, MA
an Order of Street Address City/Town
Conditions,the
property owner 33 0547-801 and 0547-802
must request a Assessors Map/Plat Number Parcel/Lot Number
Certificate of
Compliance 4. The final Order of Conditions was recorded at the Registry of Deeds for:
from the issuing Charles R. O'Connell
authority stating Property Owner(if different)
that the work or portion of the Essex South District Registry of Deeds 14786 134
work has been County Book Page
satisfactorily
completed. Certificate(if registered land)
5. This request is for certification that(check one):
❑ the work regulated by the above-referenced Order of Conditions has been satisfactorily completed.
® the following portions of the work regulated by the above-referenced Order of Conditions have
been satisfactorily completed (use additional paper if necessary).
The partial repairs to the timber retaining wall. (See attached letter from New England Civil
Engineering Corp.)
❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the
work regulated by it was never started.
wpafon8a doe••rev W29114 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8A — Request for Certificate of Compliance 64-268
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information (cont.)
6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain
an approval of any plans stamped by a registered professional engineer, architect, landscape
architect, or land surveyor?
❑ Yes If yes, attach a written statement by such a professional certifying substantial
compliance with the plans and describing what deviation, if any, exists from the plans
approved in the Order.
® No
B. Submittal Requirements
Requests for Certificates of Compliance should be directed to the issuing authority that issued the final
Order of Conditions (OOC). If the project received an DOC from the Conservation Commission, submit
this request to that Commission. If the project was issued a Superseding Order of Conditions or was the
subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional
Office(see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-
for-your-city-or-town.html).
wpafonnBa.doc••rev.5129/14 Page 2 of 2
iL
NEW ENGLAND CIVIL ENGINEERING CORP.
120 WASHINGTON STREET,SUITE 202E,P.O BOX 3026,SALEM,MA 01970
PH:978.741.7401-FAX:97B.741.7402—W W W.ENGINEERINGCORPORATION.COM
e
June 26, 2014
Mr. Tom Devine
Staff Planner
Salem Conservation Commission
Office of Planning and
Community Development
120 Washington Street
Salem, MA 01970
Re: DEP File Number 64-268, 116/118 Leach Street, Salem, MA
Dear Tom:
We have been retained by one of the owners of 116/118 Leach Street to research an open Order of
Conditions on the property from 1997. The Notice of Intent that was submitted in 1997 covered the
following work items within the buffer zone of a coastal beach and coastal bank:
1) Repair deteriorated timber retaining wall, including replacement of vertical and cross members
as shown on the attached plan.
2) Excavation behind wall to remove soil, install filter fabric and crushed stone, install timber
tiebacks, and install concrete slab or pad behind the wall on the property as shown on the
attached plan.
3) Construct an addition to the home as shown on attached plan.
The project was issued an Order of Conditions(DEP File#64-268), Book 14786, Page 138
In accordance with Item No. 3 of the Order of Conditions, the Applicant shall submit a Certification of
Compliance prepared by a professional engineer stating that the site has been developed in accordance
with the requirements of the Order of Conditions and referenced site plan.
Observations at low tide on June 26, 2014:
1) Several repairs have been made to the retaining wall over time, including replacement of some
vertical and cross member timbers as described on attached plan. The NOI did not proposed
complete replacement of the timber wall and only stated to "replace as necessary"the timbers,
therefore it appears this work was completed in accordance with the referenced site plan.
However, it is important to note the wall is in current need of additional repairs or replacement.
2 While excavation must have been completed behind the wall to replace the to cross timbers it
P P P ,
is not clear if the filter fabric and crushed stone were installed behind the wall or if the timber
tiebacks were installed. It is clear that the concrete slab or pad behind the wall was not
WATER RESOURCES - BURIED INFRASTRUCTURE-PUBLIC WORKS - CONSTRUCTION ADMINISTRATION - LAND DEVELOPMENT
constructed behind the wall as it is currently a grass lawn right up to the top of the timber wall.
There is also currently an iron railing installed in the lawn immediately behind the timber wall
which was not shown on the referenced site plan or described in the Notice of Intent.
3) The proposed building addition to the home, as shown on the attached plan, was not constructed.
There has been a significant addition constructed on the home since this 1997 Notice of Intent.
We understand this revised building addition was proposed in another Notice of Intent submitted
at a later date and the Order of Conditions(DEP File#64-345)has been closed out.
In summary, it is our opinion the site was not developed in accordance with the referenced site plan and
description in the Notice of Intent, however it is not clear that the deviation from the plan will have
adverse impacts on the environment.
While some work was done to repair the wall on the harbor side of the wall, and the work appears to
match the description of the work proposed, the work on the landward side of the wall was not
completed in accordance with the plans. It is clear the concrete pad was not poured on the landward
side of the wall, but confirmation whether the filter fabric and crushed stone were installed would
require excavation within the buffer zone. The grass lawn is in good condition and is serving to prevent
sediment runoff. The building addition was not constructed at all as shown on attached plan but we
understand this work has been covered by a subsequent Order of Conditions which has been met.
If you have any questions or require additional information,please do not hesitate to contact me at any
time on my cell phone at 978-767-5415 or at my Salem office at 978-741-7401.
Sincerely,
William M. Ross,P.E.
Project Manager/Principal Engineer
New England Civil Engineering Corp.
NEW ENGLAND CIVIL ENGINEERING CORP.
Page 2 of 2
310 CMR 10. 99 DEP Fite No.
' (To be provided by DEP)
Form 5 Salem
City/Town
Applicant Charles R. O'Connell
Commonwealth
of Massachusetts
Order of Conditions
Massachuetts Wetlands Protection Act
G.L. c. 131, 540
From c t Conservation Commission Issuing Authority
To Charles R. O'Connell Same
(Name of Applicant) (Name of property owner)
Address 116 Leach Street, Salem MA Address
01970
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
® by certified mail, return receipt requested on October 1. 1997 (date).
This project is located at 116/118 Leach Street
The property is recorded at the Registry of Essex
Book 9365 Page t �3,
Certificate (if registered)
The Notice of Intent for this project was filed on August 28, 1997 (date)
The public hearing was closed on September 11, 1997 (date)
Findings
The Commission has reviewed the above-referenced Notice of Intent and plans and has
held a public hearing on the project. Based on the information available to the Commission at this
time, the Commission has determined that the area on which the proposed work is to be done is
significant to the following interests in accordance with the Presumptions of Significance set forth in the
regulations for each Area Subject to Protection Under the Act (check as appropriate):
Public water supply Flood Control Land containing shellfish
Private water supply Storm damage prevention fisheries
Ground water supply Prevention of pollution Protection of Wildlife Habitat
Total Filing Fee Submitted $265.00 State Share $120.00
(1/2 fee in excess of $25)
City/Town Share $145.00
Total Refund Due S City/Town Portion S State Portions
(1/2 total) (1/2 total)
Effective 11/10/89 5-1
w
Therefore, the Commission hereby finds that the following conditions=
are necessary, in accordance with the Performance Standards sect forth in the
regulations, `:c protect those interests checked above. The
ommission
orders that all work shall be performed in accordance with said conditions and
with the Notice of In 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.
General Conditions
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
with all other applicable federal, state or local
necessity of complying PP
statutes, ordinances, by-laws or regulations.
4 . The work authorized hereunder shall be completed within three years from
the date of this Order unless either of the following apply:
(a) the work is a maintenance dredging project as provided for in the
Act; or
(b) the time for completion has been extended to a specified date more
than three years, but less than five years, from the date of issuance
and both that date and the special circumstances warranting the
extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more
periods of up to three years each upon application to the issuing
authority at least 30 days prior to the expiration date of the Order.
6 . Any sill used in connection with this project shall bt clean fill,
containing 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. No work shall be undertaken until all administrative appeal periods from
this Order have elapsed or, if such an appeal has been filed, until all
proceedings before the Department have been completed.
8. No work shall be undertaken until the Final order has been recorded
in the Registry of Deeds or the Land Court for the district in which
the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also
be noted in the Registry' s Grantor Index under the name of the owner
of the land upon which the proposed work is to be done. In the case
of registered land, the Final order shall also be noted on the Land
Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording informatin shall be
submitted to the Commission on the form at the end of this Order
prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or
more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection,
File Number b4-Z(o
10. where the Department of Environmental Protection is requested to make a
determination and to issue a Superseding Order, the Conservation
commission shall be a party to all agency proceedings and hearings before
the Department.
5-2
5 Issued By Salem / Conservation Commission
sign atre(s; '—c-.- - —ram -�-
V11
This Order muse signed by a majority of the Conservation Commission.
On this llth day. of September 19 97 before me
personally appeared the Above mentioned to me known to be the
person described in and who executed the fcregoing instrument and acknowledged
that he/she executed the same as his/her free actliand dee4
puWC
My. . _Juna,ift 04
Notary Public My commission expires
The applicant, the owner, any person agrrieved by this Order, any owner of land abutting the land upon which
the proposed work is to be done, or any ten residents of the city or town in which such land is located, are
hereby notified of their right to request the Department of Environmental Protection to issue a Superseding
Order, providing the request is made by certified mail or hand delivery to the Department, with the
appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the
date of issuance of this determination. A copy of the request shall at the same time be sent by certified
ma it or hand delivery to the Conservation Commission and the applicant.
Detach on dotted line and submit to the Salem Conservation Commiss
�9%r to commencement of work.
............................................................................................................
To Issuing Authority
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature Applicant
5-4A
11. Upon completion of the work described herein, the applicant shay_ ti
forthwith request in writing that a Certificate of Compliance be issued
stating th^.r the work has been saclsfactorily completed.
12. The work shall conform to the following plans and special conditions :
Plans:
Title Dated Signed and Stamped by: On File with:
Repair to existing Seawall 8/22/97 Charles O'Connell Ralam rnnCerVRflnn rnmmiSSiol
Special Conditions (Use additional paper if necessary)
See attached
(Leave Space Blank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5-3A
I
SALEM CONSERVATION COMMISSION
SPECIAL CONDITIONS - DEP FILE #64-268
116-118 Leach Street
1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting
documents and those final specifications which shall be filed with the Commission prior to
construction. Plan to include slab foundation, crushed stone and concrete patio/seawall cap to be
submitted within 60 days and be subject to approval by the Conservation Commission prior to the
start of any work. Project is subject to the applicant receiving a Building Permit and Certificate of
Occupancy for seawall work, addition to house and any decking. All construction shall be
landside with no equipment permitted in the resource area. Any change made or intended to be
made to the approved plans shall require the applicant to inquire of the Commission in writing
whether the change is substantial enough to require the filing of a new Notice of Intent.
2. Members and agents of the Commission shall have the right to enter and inspect the
premises at all reasonable times to evaluate compliance with the conditions in this Order. The
Commission may require the applicant to submit additional data or information necessary for the
Commission to conduct that evaluation.
3. Upon completion of the project, the applicant shall submit, with the request for a
Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor
registered in the Commonwealth of Massachusetts, stating that the site has been developed in
accordance with the requirements of this Order of Conditions, the referenced site plan and
supporting documents.
4. This Order shall apply to every successor in control or successor in interest of the property
described int he Notice of Intent and accompanying plans or part thereof. In the event this land or
any part thereof changes ownership before or during construction, the current owner shall notify
the new owner, by registered mail, of this Order prior to the transfer of ownership and shall
forward proof of this notification to the Commission.
5. Prior to commencement of construction of addition of house activity, a haybale barrier
shall be placed downgradient of construction to prevent siltation of the adjacent wetland.
Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material
shall be deposited on the upgradient side of the haybale barrier. Haybales shall be inspected daily;
those showing signs of deterioration shall be replaced immediately. The haybale barrier shall
remain in proper functioning condition until all disturbed areas have been stabilized.
6. Additional erosion and sedimentation control measures deemed necessary by the
Commission shall be instituted by the applicant. Any siltation caused onto any wetland or
waterway area shall be promptly reported to the Commission. Such areas shall be restored to the
satisfaction of the Commission.
7. During construction, no debris, fill, or excavated material shall be stockpiled within 20 feet
of designated wetlands. Any other stockpile location will be protected sufficient to prevent
sediment from surface runoff entering wetlands. "
8. Equipment servicing and overnight equipment storage must be conducted outside the
buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants.
9. *No spill, storage or discharge of petroleum products or other pollutants will occur within
100 feet of any wetland resource area.
10. *Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is
prohibited within 100 feet of the resource area. Any arrangement for snow removal shall stipulate
the ban.
11. Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to
the commencement of construction activities. Said notice shall include, in writing, the names(s),
address(es), and business and home telephone numbers of the project supervisor(s) responsible for
insuring that operations are conducted in compliance with this Order.
12. *Fertilizers used for landscaping and lawn care shall contain a low nitrogen content and be
used in moderation. Pesticides and herbicides shall not be used within 100 feet of the resource
area.
13. The Order of Conditions including these Special Conditions shall be posted on site.
*ongoing conditions that do not expire upon completion of the project or issuance of a
Certificate of Compliance.
sdlconcomlow leach116
O
Z
� 1
' 1
1 GULF OF MAINE
1 RESEARCH CENTER INC.
1 Notice of Intent
1 Under the
1 Massachusetts Wetlands Protection Act
(M.G.L. c. 131, §. 40)
1 for property at:
116/118 Leach Street
1 Salem,Massachusetts
Prepared for:
1 Charles R. O'Connell
1 Prepared by:
Gulf of Maine Research Center, Inc.
204 Lafayette Street
Salem,Massachusetts
1'
August 28, 1997
1
GMRC No. 28830362
1
1 ENVIRONMENTAL CONSULTING SERVICES
1
1
1
' GULF OF MAINE RESEARCH CENTER INC.
' INDEX TO NOTICE OF INTENT
116/118 Leach Street
' Salem,Massachusetts
NOTICE OF INTENT Application Forms, pages 3-1 to 3-7
' Site Locus
Assessors Map
Fee Calculation Worksheet
' Fee Transmittal Form
Copy of Checks to City and State
Affidavit of Service
Abutter Notification Form
' Certified Abutters List
' ATTACHMENT 1 Wetland Report
(Gulf of Maine Research Center, Inc.)
' ATTACHMENT 2 Site Plan - Repairs to Existing Seawall
(North Shore Survey, Inc)
1
1
310 CP1R 10.99
DEP File No.
(robe provided by DEP)
Form 3
t City/rown Salem, MA
Applicant Mr. Charles R. O'Connell
' Department of
Commonwealth Defense
of Massachusetts United States
of America
' Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
' and
Application for a Department of the Army Permit
' Part I: General Information
1. Location: Street Address_ _116/118 Leach Street
Lot Number Lots 546 &547 on Assessors May 33
' 2. Project: Type Seawall Reoair Description This filing is for work involvingthe he repair of an
existing bulkhead, and for work within the Buffer Zone of a Coastal Bank associated with the
' construction of an addition to the existing house.
3. Registry: County Essex Current Book 9365 & Page 123
Certificate (if Registered Land)
4. Applicant Mr. Charles R. O'Connell Tel. (508) 741-0359
' Address 116 Leach Street, Salem, MA 01970
5. Property owner Mr. Charles R. O'Connell Tel. (508) 741-0359
1 Address_116 Leach Street, Salem, MA 01970
6. Representative Gulf of Maine Research Center, Inc. Tel. (508)745-6618
' Address 204 Lafayette Street, Salem, MA 01970
7. a. Have the Conservation Commission and the Department's Regional office each
' been sent, by certified mail or hand deliver, 2 copies of completed Notice of
Intent, with supporting plans and documents?
Yes 0 No ❑
' b. Has the fee been submitted? Yes 0 No ❑
c. Total Filing Fee Submitted $ 265.00
t d. City/Town Share of Filing Fee $ 145.00 State Share of Filing Fee 120.00
(sent to City/Town) (1/2 of fee in excess of $25, sent to DEP)
e. Is a brief statement attached indicating how the applicant calculated the
' fee? Yes No 0
II ' 3-1
' 8. Have all obtainable permits, variances and approvals required by local by-law
been obtained?
Yes ❑ No
Obtained: Applied for: Not Applied for:
Building Permit
1
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant
' to G.L. c. 131, §40A Or G.L. c. 130, §105? Yes ❑ NO
10. List all plans and supporting documents submitted with this Notice of
Intent.
' Identifying
Number/Letter Title, Date
' 1 Wetlands Report (Gulf of Maine Research Center, Aug. 28, 1997)
2 Site Plan (North Shore Survey, Corp..August 22, 1997)
11. Check those resource areas within which work is proposed:
(a) 0 Buffer Zone
(b) Inland:
. ' ❑ Bank* Land Subject to Flooding
❑ Bordering Vegetated wetland* ❑ Bordering
' ❑ Land Under Water Body & Waterway* ❑ Isolated -
(c) Coastal:
❑ Land Under the Ocean* ❑ Designated Port Area*
' Coastal Beach* ❑ Coastal Dune
❑ Barrier Beach* 0 Coastal Bank
' ❑ Rocky Intertidal Shore* ❑ salt Marsh*
❑ Land Under Salt Pond* ❑ Land Containing Shellfish*
' ❑ Fish Run*
*Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction.
' See General Instructions for Completing Notice of Intent.
3-2
' 12. Is the project within estimated habitat which is indicated on the most
recent Estimated Habitat Map of State-Listed Rare Wetlands Wildlife (if any)
published by the Natural Heritage and Endangered Species Program?
YES [ 1 NO [ X 1 Date printed on the Estimated Habitat Map
NO MAP AVAILABLE [ ] (if any) 1997, Salem Ouad.
' If yes, have you sent a copy of the Notice of Intent to the Natural Heritage
and Endangered Species Program via the U.S. Postal Service by certified or
priority mail (or otherwise sent it in a manner that guarantees delivery
' within two days) no later than the date of the filing of this Notice of
Intent with the conservation commission and the DEP regional office?
' YES [ 1 NO [ 1
If yes please attach evidence of timely mailing or other delivery to the
Natural Heritage and Endangered Species Program.
Part II: Site Description
Indicate which of the following information has been provided (on a plan, in
' narrative description or calculations) to clearly, completely and accurately
describe existing site conditions.
' Identifying
Number/Letter
(of plan, narrative
or calculations)
' Natural Features
1 Soils
1 Vegetation 1, 2 Topography
' 1. 2 Open water bodies (including ponds and lakes)
NA Flowing water bodies (including streams and rivers)
' Public and private surface water and ground water supplies
on or within 100 feet of site
--- Maximum annual ground water elevations with dates and
location of test
1, 2 Boundaries of resource areas checked under Part 1, item 11
above
Other
' Man-made Features:
1. 2 Structures (such as buildings, piers, towers and
headwalls)
' NA Drainage and flood control facilities at the site and
immediately off the site, including culverts and open
channels (with inverts) , dams and dikes
' NA Subsurface sewage disposal systems
NA Underground utilities
' 3-3
2 Roadways and parking areas
2 Property boundaries, easements and rights-of-way
Other
' Part III: Work Description
Indicate which of the following information has been provided (on a plan, in
narrative description or calculations) to clearly, completely and accurately
' describe work proposed within each of the resource areas checked in Part I,
item 11 above.
' Identifying
Number/Letter
(of plan, narrative
or calculations)
' Planview and Cross Section of:
1. 2 Structures (such as buildings, piers, towers and headwalls)
' NA Drainage and flood control facilities, including culverts
and open channels (with inverts) , dams and dikes
NA Subsurface sewage disposal systems & underground facilities
' 1 Filling, dredging and excavating, indicating volume and
composition of material
' NA Compensatory storage areas, where required in accordance
with Part III, Section 10.57 (4) of the regulations.
' NA wildlife habitat restoration or replication areas
Other
' Point Source Discharge
NA Description of characteristics of discharge from point
source (both closed and open channel) , when point of
discharge falls within resource area checked under Part I,
item 11 above, as supported by standard engineering
calculations, data and plans, including but not limited to
the following:
' 1. Delineation of the drainage area contributing to the point of discharge;
' 2. Pre-and post-development peak run-off from the drainage area,at the point of discharge for at least
the 10-year and 100-year frequency storm;
3. Pre and post-development rate of infiltration contributing to the resource area checked under Part I,
I ' item 11 above;
4. Estimated water quality characteristics of pre-and post-development run-off at the point of
discharge.
' 3-9
i �
Part IV: Mitigating Measures
1. Clearly, completely and accurately describe, with reference to supporting plans and calculations where
' necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each
resource area specified in Part II or Part III of the regulations; or
' (b) Why the presumptions set forth under each resource area specified in Part II or Part III of the
regulations do not apply.
Coastal Resource Area Type: Identifying number or
' ❑ Inland letter of support
BEACH documents
' The activities proposed will have no adverse effects on the characteristics
critical for the protection of the interests associated with beaches,namely: 1, 2
storm damage prevention,flood control,and protection of wildlife habitat.
The activities proposed do not change the beach sediment volume or form,
it's ability to respond to wave action,the distribution of sediment grain size,
water circulation,water quality,or relief and elevation. All work associated
with the bulkhead repairs will be performed during periods of low tide,and
i ' will avoid exposing any unstabilized coastal bank to direct tidal action. Fast
drying concrete will be used to allow the concrete to set during low tide. No
enlargement of the existing structure is proposed; therefore,no coastal beach
will be altered.
' Coastal
Resource Area Type: Identifying number or
❑ Inland letter of support
BANK documents
' The Coastal Bank at the site has been historically protected by a seawall-
therefore, 2
therefore,it is not a sediment source for the adjacent beach. The Coastal
Bank does function as a vertical buffer to waves and therefore is significant to
storm damage prevention in this capacity. Existing bulkhead vertical timbers
and cross members have deteriorated and are in need of replacement. In
addition,the bulkhead is bowing out in areas,increasing erosion and sinkhole
formation behind the wall. To correct this,replacement of deteriorated
' timbers and installation of tiebacks is proposed. All bulkhead repair work
will occur during low tide and will be scheduled so as not to expose
unstabilized areas of coastal bank to direct tidal action. Therefore,no erosion
is anticipated,and the work will serve to stabilize the bank.
3-5
' ❑ Coastal Resource Area Type: Identifying number or
❑ Inland letter of support
documents
1
1
I ,
1
2. Clearly, completely and accurately describe, with reference to supporting plans and calculations where
necessary:
' (a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work
does not alter an area specified in Part I, section 10.01(1) (a) of these regulations; or
(b) if work In the Buffer Zone will alter such an area, all measures and designs proposed to meet
' the performance standards established for the adjacent resource area, specified In Part II or
Part III of these regulations.
Coastal Resource Area Type Bordered Identifying number or
❑ Inland By 100-Foot Discretionary zone: letter of support
' BANK documents
Bulkhead repair activities proposed within the Buffer Zone included excavatiol 1,
installation of filter fabric,filling with crushed stone,installation of tiebacks, 1, 2
and pouring of a concrete pad. Other Buffer Zone activities proposed are
associated with the construction of an addition at the rear of the existing home.
A sediment barrier will be installed between the top of the coastal bank and the
' work zone for the proposed addition. All construction materials will be stored
near the front of the lot,well away form the top of the Coastal Bank.
1
' 3-6
1
' Part V: Additional Information for a Department of the Army Permit
t 1. COE Application No.
(to be provided by COE)
2.
' (Name of waterway)
3. Names and addresses of property owners adjoining your property:
' See Attached List of Abutters
' 4. Document other project alternatives (i.e. , other locations and/or
construction methods, particularly those that would eliminate the
' discharge of dredged or fill material into waters or wetlands) .
5. 81i2" x 11" drawings in planview and cross-section, showing the resource
area and the proposed activity within the resource area. Drawings must be
' to scale and should be clear enough for photocopying.
Certification is required from the Division of Water Pollution Control before
' the Federal permit can be issued. Certification may be obtained by contacting
the Division of Water Pollution Control, 1 Winter Street, Boston,
Massachusetts 02108.
' Where the activitywill take place within the area under the Massachusetts
approved Coastal Zone Management Program, the applicant certifies that his
proposed activity complies with and will be conducted in a manner that is
consistent with the approved program.
' Information provided will be used in evaluating the application for a permit
and is made a matter of public record through issuance of a public notice.
' Disclosure of this information is voluntary; however, if necessary information
is not provided, the application cannot be processed nor can a permit be
issued.
' I hereby certify under the pain and 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.
tSignature of Applicant C Date
' S ig, t r of Applicant's Rep4e entative Dat
FORM - "Exception to ENG Form 4395 approved by HOUSACE, 6 May 1982"
MED 100 (TEST)
' 1 MAY 82 "This document contains a joint Department of the Army and State of
Massachusetts application for a permit to obtain permission to perform
activities in united States waters. The Office of Management and
Budget(OMB) has approved those questions required by the US Army Corps of
Engineers. OMB Number 0702-0036 and expiration date of 30 September 1983
' applies". This statement will be set in 6 point type.
' 3-7
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' SITE LOCUS
SITE: 116/118 Leach Street, Salem, MA
' BASE MAP: USGS Topographic Map, Salem Quad. (1985)
SCALE: 1:25000 metric
' GULF OF MMNF RESEARCH CENTER
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ASSESSORS MAP North
SITE: 116/118 Leach Street, Salem, MA
1 BASE MAP: Salem Assessors Map No. 33
SCALE: 1 inch = 100 feet
GULF OF MAME RESEARCH CENTER
' Wetlands Filing Fee Calculation Worksheet
For Notices of Intent Filed under the Massachusetts Wetlands Protection Act (G.L. Ch. 131, Sec.40)*
' CATEGORY 1 $55 Per Activity $ # ( ateaory 3 continued) $ #
a. Existing House/Residential Lot S 55.00 1 c. Each Roadway/Driveway Crooning
(addition, deck, garage, pool, shed, or driveway) (if not reviewable under 10.53(3) (e) or
associated with SFH)
b. Site Preparation
(each single family house (SFH) lot; removal d. Hazardous Waste Cleanup
of vegetation, excavation, grading, where house (except as in Category 4)
construction is not proposed under same NOI)
TOTAL CATEGORY 3 ACTIVITIES $0.00 0
c. Control of Nuisance Vegetation
(removal, herbicides, etc.,; per lot under 10.53(4)) CATEGORY 4 $725 Per Activity
' d. Resource Area Improvement a. Each Roadway/Driveway Crossing
(under 10.53(4); other than removal of (under 10.53(3) (e) associated with commercial,
aquatic nuisance vegetation) industrial, institutional development or
residential subdivision construction)
' a. Septic System
(or any part thereof; construction, replacement, upgrade) b. Flood Control Structures
(construction, repair, maintenance)
£. Monitoring Well.
(installation activities except access road) c. Landfills (public a private)
' (creation, maintenance, operation)
g. New Agricultural / Aquaculture Activities
d. Sand and Gravel Operations
TOTAL CATEGORY 1 ACTIVITIES $ 55.00 _1_ (creation, maintenance, operation)
' CATEGORY 2 $250 Per Activity e. Railroad Linea
(new, or extensions of existing)
a. Construction of Each New SFH
' (including site preparation, retention/detention f. Bridges
basins, utilities, septic systems, roadway/driveway (construction, reconstruction, expansion,
except under 10.52(3) (e); under a single NOI maintenance; except for a SFH lot)
b. Parking Lot (any size) g. Resource Area Alteration to Divert Water
' (associated with hazardous waste cleanup,
c. Beach Nourishment (placement of sand) non-exempt mosquito control projects, and
other purposes not identified elsewhere)
d. Coastal Activities _
(pursuant to 10.24(7) (a-c), including electric generating h. Dredging Activities in Water Bodies
' facilities, public utilities, limited projects, e.g.: (except those associated with new dock,
repair/maintenance of existing piers, buildings, culverts) pier, or other structure)
e. Limited Project Activities i. Package Sewer Treatment Plante
(pursuant to 10.53(d) (f-1) (construction, discharge from)
' f. Each Driveway Crooning TOTAL CATEGORY 4 ACTIVITIES $0.00 4_
(associated with a SFH pursuant to 10.53(3) (e))
CATEGORY 5 $2 per Linear Foot
g. Any Point Source Discharge $50 Minimum/$1000 Maximum
h. Control of Nuisance Vegetation a. Dock., Piers, Revetment., Dikes, or $210.00 1051 ft
(under 10.53(4); except on a SFH lot) Other Engineering Structure.
(construction, reconstruction, repair or
' i. Raising or Lowering Surface Water Levels replacement; coastal or inland; including
placement of rip rap or other material)
j. Any Other Activity _
(not described in Categories 1,3,4, or 5) TOTAL CATEGORY 5 ACTIVITIES $210.00 105N
TOTAL CATEGORY 2 ACTIVITIES $0.00 0 TOTAL FILING FEE $265.00 (11(10501
CATEGORY 3 $525 Per Activity
Person Calculating Fee Joseph H Orzel
a. Site Preparation for Development
(except SFH; including removal of vegetation, Address Gulf of Maine Research Center.Inc.
excavation and grading, when actual construction
' not proposed under the same NOI) 204 Lafa ette StreeL Salem MA 01970
b. Construction of Each Building Within a Telephone A 7 $
Commercial, Industrial, or Apartment/
' Condo/Townhouse Development Signature Date
(including: site preparation, retention/retention
basins, septic systems, parking lots, utilities, point
source discharges, package sewage treatment plants, Categories as in 310 CMR 10.03 (7) (c)
roadways/driveways except under 10.53(3) (e); Fees as in 801 CMR 4.02
' if under a single NOI)
r
' GULF OF MAINE RESEARCH CENTER INC.
1
i 1
1 �
Wetland Report
' to accompany a
Notice of Intent
for property at:
' 116/118 Leach Street
Salem,Massachusetts
Prepared for:
Charles R. O'Connell
' 116 Leach Street
Salem, Massachusetts
' Prepared by:
Gulf of Maine Research Center,Inc.
204 Lafayette Street
' Salem, Massachusetts
' August 28, 1997
1
1
1
1
GULF OF MAINE RESEARCH CENTER INC.
' ENVIRONMENTAL CONSULTING SERVICES
204 LAFAYETTE STREET
' SALEM, MA 01970
(508) 745-6618
August 28, 1997 FAX(508) 741-8648
' Salem Conservation Commission _
One Salem Green
' Salem, MA 01970
' RE: Wetland Report
116/118 Leach Street
' Dear Commission Members:
t Gulf of Maine Research Center Inc., is pleased to submit this wetland report to
accompany a Notice of Intent being filed with the Salem Conservation Commission and
the Department of Environmental Protection under the Massachusetts Wetlands
' Protection Act (M.GL. c.131, §40) and Regulations (310 CMR 10.00). This report
describes the wetland resource areas present at 116/118 Leach Street in Salem,
Massachusetts (the "site"); the activities which are being proposed; and how the proposed
' activities comply with the performance standards of the Massachusetts Wetlands
Regulations.
Gulf of Maine Research Center, Inc. (GMRC) serves as environmental consultant
' for the project and evaluated the site in reference to the Massachusetts Wetlands
Protection Act and Regulations. North Shore Survey, Inc. serves as project surveyor, and
prepared the attached Site Plan entitled'Repairs to Existing Seawall' (see NOI
' Attachment 2).
1.0 SITE DESCRIPTION AND PROPOSED ACTIVITIES
' The site consists of approximately 10900 square feet of land located between the
ends of Leach Street and Glover Street, directly adjacent to Salem Harbor (Figure 1).
The property is located within an urban area and is bounded by developed house lots to
' the north, east, and west, and by Salem Harbor to the south. The length of the property
abutting Salem Harbor, approximately 105 feet, is protected by a seawall which has been
in existence for many years. Two activities are being proposed under the Notice of
' Intent, these being repair and reinforcement of the existing bulkhead, and construction of
an addition to the rear of the existing home.
' 1.1 BULKHEAD REPAIRS
Many of the vertical timbers and cross members of the existing bulkhead
are severely deteriorated, which has allowed for significant sinkhole development
' and erosion behind the seawall. In addition, the bulkhead has bowed
GULF OF MINE RESEARCH CENTER INC.
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FIGURE 1 North
' SITE LOCUS
SITE: 116/118 Leach Street, Salem, MA
' BASE MAP: USGS Topographic Map, Salem Quad. (1985)
SCALE: 1 :25000 metric
GULF OF MAME RESEARCH CENTER
' GULF OF MAINE RESEARCH CENTER INC.
' significantly, further reducing the stability of the wall and the Coastal Bank. In
order to repair and reinforce the deteriorated bulkhead, the following measures are
being proposed.
1 - Excavate as needed behind the bulkhead,
- Replace deteriorated cross members and vertical timbers as needed,
' - Install tiebacks to straighten and prevent further bowing of the bulkhead,
- Install filter fabric along the back side of the bulkhead,
- Backfill behind the bulkhead with crushed stone,
' -Pour a 4" concrete slab behind the bulkhead.
In order to avoid potential erosion, activities will be scheduled to prevent
exposing any unstabilized or unprotected portion of the bank to direct tidal action.
' The removal and replacement of the vertical timbers, and pouring of concrete, will
be performed during periods of low tide. A quick drying concrete will be used in
order to allow it to set during a low tide period. Any soil excavated from behind
' the bulkhead will be stockpiled away from the top of the bank near the front of the
property.
' 1.2 ADDITION TO THE HOUSE
All activities associated with the proposed home addition are confined to
the Buffer Zone. The footprint of the proposed addition is approximately 24 feet
I ' by 30 feet in the area of the existing deck, and 8 feet by 16 feet directly at the rear
of the house. The back edge of the proposed addition is sited approximately 20
feet from the top of the Coastal Bank.
L 1 A sediment barrier will be installed between the work zone and the top of
the Coastal Bank during construction activities, and will be maintained until the
area is stabilized. In addition, to avoid potential erosion from roof runoff, roof
' drains will either be directed away from the rear of the house or into infiltration
trenches. Construction materials will be stored near the front of the property, well
away from the top of the bank.
I ' 2.0 WETLAND RESOURCE AREAS
' Gulf of Maine Research Center evaluated the Site for the presence of Wetland
Resource Areas under the criteria set forth in the Massachusetts Wetlands Protection Act
and Regulations. No inland wetland resource areas exist at the site, and soils at the site
are mapped by the U.S. Soil Conservation Service as Urban Land. Several coastal
' resource areas do exist at the site and adjacent to the site where activities occurred. These
include: Coastal Beach, Tidal Flat, Coastal Bank, Land Subject to Coastal Storm
Flowage, and Land Subject to Tidal Action.
' 2.1 COASTAL BEACH f310 CMR 10.27)
' Coastal Beach is defined as "...unconsolidated sediment subject to wave,
tidal and coastal storm action which forms the gently sloping shore of a body of
salt water and includes tidal flats." At the site, the Coastal Beach extends from
the mean low water line (off site) to the base of the seawall.
' Coastal Beaches are significant to storm damage prevention, flood control,
and the protection of wildlife habitat. In addition, Coastal Beaches which are tidal
1
' GULF OF MAINE RESEARCH CENTER INC.
I ' flats are likely to be significant to the protection of marine fisheries and shellfish
(see below).
2.2 TIDAL FLAT (310 CMR 10.27)
A Tidal Flat is defined as "...any nearly level part of a coastal beach which
usually extends from the mean low water line landward to the more steeply
sloping face of the coastal beach......The National Wetland Inventory map for the
area (Figure 2) indicates a tidal flat(M2FL) located seaward of the seawall, and
' extending into Salem Harbor. At the site the coastal beach is relatively level up to
the seawall; therefore, the tidal flat extends from mean low water to the seawall.
The Department of Marine Fisheries was contacted recently by GMRC to
' verify any presence of shellfish beds or other significant habitats for marine
fisheries near the site. The DMF indicated that there were no mapped shellfish
beds in this area of Salem Harbor.
' 2 COASTAL BANK Q1 MR 10.30
' A Coastal beach is defined as "...the seaward face or side of any elevated
land form, other than a coastal dune, which lies at the landward edge of a coastal
beach, land subject to tidal action, or other wetland." At the site, the Coastal Bank
extends from the base of the seawall to the top of the seawall.
' Coastal Banks are likely to be significant to storm damage prevention and
flood control, and function to provide sediment to beaches and/or as a vertical
' buffer to upland areas from storm waters. Because the Coastal Bank at the site is
protected and stabilized by the existing seawall, it does not function as a
significant source of sediment; however, it does function as a vertical buffer to
storm waters.
2.4 LAND SUBJECT TO COASTAL STORM FLOWAGE (310 CMR 10,04)
' Land Subject to Coastal Storm Flowage is defined as "...land subject to
any inundation caused by coastal storms up to and including that caused by the
100-year storm, surge of record or storm of record, whichever is greater." The
' Flood Insurance Rate Map (FIRM) for Salem, panel No. 250102 0005 B dated
August 5, 1985, shows a portion of the site in a Zone V3 area (Figure 3). This
designation indicates an area of 100 year coastal flood with wave action (velocity
zone), where base flood elevations and flood hazard factors have been
1 determined.
The base flood elevation indicated on the Flood Insurance Rate Map for
' the site is 14 feet. The elevation at the top of the bulkhead is approximately 14
feet above mean low water, and the bottom of the wall is approximately 6 feet
above mean low water. Land subject to Coastal Storm Flowage is not presumed
' to be significant to any interests of the Wetlands Protection Act, and the Wetlands
Protection Regulations do not provide performance standards for this resource
area.
' 2.5 LAND SUBJECT TO TIDAL ACTION (310 CMR 10.04)
Land Subject to Tidal Action is defined as "...land subject to the periodic
' rise and fall of a coastal water body, including spring tides. This resource area is
1
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.A F•[� a r a6 �qT Rk"
SITE: 116/118 Leach Street, Salem, MA
BASE MAP: LISFWS NWI Map, Salem
a
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COASTAL BASE FLOOD ELEVATIONS APP
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' ZONE A4
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' FIGURE 3 worth
' FLOOD ZONE MAP
SITE: 116/118 Leach Street, Salem, MA
' BASE MAP: Flood Insurance Rate Map (FIRM)
Panel No. 250102 0005 B, August 5, 1985 SCALE: 1" = 500'
GULF OF MINE RESEARCH CENTER
GULF OF MAINE RESEARCH CENTER INC.
not presumed to be significant to any interest of the Wetlands Protection Act, and
the Wetlands Protection Regulations do not provide performance standards for
work within this resource area. At the site, this resource area occurs entirely
' within the other resource areas present at the site.
' 2.6 BUFFER ZONE (310 CMR 10.04)
The Buffer Zone is defined as "...that area of land extending one hundred
(100) feet horizontally outward from the boundary of any area specified in 310 .
' CMR 10.02(1)(a).", which includes the resource areas Coastal Beach and Coastal
Bank. Most of the site property lies within the Buffer Zone of the Coastal Bank,
the most landward of the resource areas with a Buffer Zone.
' 2.7 RARE SPECIES (310 CMR 10.37)
The 1997-98 edition of the Massachusetts Natural Heritage Atlas shows
no estimated habitats of state listed rare wetlands wildlife or certified vernal pools
' an the site (Figure 4). Therefore, submission of the Notice of Intent to the Natural
Heritage Program is not required under the Massachusetts Wetlands Regulations.
' 3.0 PERFORMANCE STANDARDS
The performance standards for activities within Coastal Beach and Coastal Bank
resource areas are provided below. The performance standards for Coastal Beach,
' including Tidal Flats, are listed under 310 CMR 10.27 (3) through (7) and state:
10.27(3) "Any project on a coastal beach, except any project permitted under 310
' CMR 10.30(3)(a), shall not have an adverse effect by increasing erosion,
decreasing the volume or changing the form of any such coastal beach or an
adjacent or downdrift coastal beach."
• Reinforcement of the existing seawall will not result in increased erosion of the
beach, nor will there be any decrease in the volume or change in the form of the
beach. The bulkhead will not be increased in size, as only existing deteriorated
' timbers will be replaced.
' 10.27(4) Refers to "Any groin,jetty, solid pier, or other such solid fill structure
which will interfere with littoral drift...".
•Does not apply.
1
1�27(5) Allows "...beach nourishment with clean sediment of a grain size
' compatible with that on the existing beach.
• Does not apply.
I ' 10.27(6) Applies to Tidal Flats which have been determined to be significant to
marine fisheries or the protection of wildlife habitat and states: "In addition to
' complying with the requirements of 310 CMR 10.27(3) and 10.27(4), a project on
a tidal flat shall if water-dependent be designed and constructed, using best
available measures, so as to minimize adverse effects, and if non-water-ii 1
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' dependent, have no adverse effects, on marine fisheries and wildlife habitat
caused by:
' (a) alterations in water circulation
(b) alterations in the distribution of sediment grain size, and
(c) changes in water quality.....
' •Although there are no known significant shellfish beds at this site, the work
proposed will not cause any alterations in water circulation or water quality, nor
will there be any alterations in the distribution of sediment grain size.
' 10.27(7) ""Notwithstanding the provisions of 310 CMR 10.27(3) through (6), no
project may be permitted which will have any adverse effect on specified habitat
' sites of rare vertebrate or invertebrate species; as defined by procedures
established under 310 CMR 10.37."
' • As noted previously, there is no habitat of rare or endangered wetland species
indicated at or near the site on the most recent Natural Heritage Map.
' Because the Coastal Bank at the site does not function as a sediment source, the
performance standards specific to this function (310 CMR 10.30(3) through (5)) do not
apply. The performance standards which apply to a Coastal Bank which functions as a
' vertical buffer to storm waters are 310 CMR 10.30 (6) through (8), which state:
10.30(6) "Any project on such a coastal bank or within 100 feet landward of the
top of such coastal bank shall have no adverse effects on the stability of the bank."
• In it's current condition, the stability of the Coastal Bank is in danger. The
work proposed will serve to repair the existing seawall and stabilize the bank.
10.30(7) "Bulkheads, revetments, seawalls, groins or other coastal engineering
' structures may be permitted on such a coastal bank except when such a bank is
significant to storm damage prevention or flood control because it supplies
sediment to coastal beaches, coastal dunes, and barrier beaches."
• The Coastal Bank at the site does not supply sediment to beaches or dunes,
therefore seawall construction (repair) may be permitted.
' 10.30(8) "Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no
project may be permitted which will have any adverse effect on specified habitat
' sites of rare vertebrate or invertebrate species, as defined by procedures
established under 310 CMR 10.37."
' See 10.27(7) above.
4.0 CONCLUSION
' Activities along the 105 feet of existing seawall are proposed to reinforce and
repair the existing bulkhead in order to maintain the stability of the bank and protect the
applicants property. Because the Coastal Bank at the site does not function as a sediment
' source to the adjacent beach, the Regulations allow construction and/or repair of seawalls.
1
GULF OF MAINE RESEARCH CENTER INC.
Work associated with the construction of the addition to the house is confined entirely to
the Buffer Zone and, as proposed, will not alter any resource areas present at the site.
Therefore, it is the opinion of Gulf of Maine Research Center that the activities proposed
' contribute to the protection of the interests identified in the Act by complying with the
general performance standards established under the Wetlands Protection Regulations for
the resource areas present at the site.
' If you have any questions or require further information regarding this matter,
please do not hesitated to contact me or Hugh Mulligan at the letterhead address or phone
' number.
' Sincerely, a�
' JosephH. O e rz 1
' Wetland Scientist
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1 GULF OF MAINE RESEARCH CENTER INC.
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Site Plan
' to accompany a
' Notice of Intent
' for property at:
116/118 Leach Street
Salem,Massachusetts
1 Prepared for:
Charles R. O'Connell
116 Leach Street
Salem,Massachusetts
i ' Prepared by:
North Shore Survey Corporation
47 Linden Street
' Salem,Massachusetts
' August 22, 1997
I '
1 �
i �
` COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
y` Metropolita Boston - Northeast Regional Office
ARGEO PAUL CELLUCCI JUL ���� TRUDY COXE
Governor Secrete
Salem (tF1:. qy D�p't, DAVID B.STRUHS
`z Commissioner
National Oceanic and Atmospheric Administration
Hazardous Materials Response and Assessment Division
c/o EPA Office of Site Remediation and Restoration(HIO)
JFK Federal Building
Boston, MA 02203
.`Jl1L 10 i$98
Attn: Mr. Kenneth Finkelstein RE: SALEM -NEPCo Property
Waite Street & Planters Row
DEP RTN 3-1709
INTERTIDAL BIOREMEDIATION
PROJECT
Dear Ken,
The Department of Environmental Protection (DEP) is in receipt of your letter dated June 18,
1998, regarding the ongoing NEPCo Property Immediate Response Action (IRA). DEP appreciates the
time and effort taken to provide comment on the project. The comments will be passed on to the
appropriate representatives of Massachusetts Electric Company who are conducting the IRA activities.
The goal of the IRA is to abate the migration of immiscible phase petroleum to Collins Cove
and to reduce the volume and mass of the coal tar constituents in the sediments. In your letter, you
state that "NOAA is skeptical that such a `new' remediation plan will be successful; especially given
that coal tars tend to be composed of heavy PAH compounds and such treatment likely will focus on
degrading the light elements." Please be aware that these "light elements," and not the heavier PAHs,
are in fact the target of this treatment process. Based on the goal of the IRA, DEP believes that it is
appropriate to attempt to reduce the mass and volume of the lighter fraction compounds (2, 3, and 4-
ring PAHs), as these compounds are likely to migrate further into Collins Cove sediments.
It is also important to note that the intertidal bioremediation project, in and of itself, will likely
not be the final remedial response for this portion of the site. Once IRA activities are complete, DEP
will be reviewing the Phase II site assessment work completed to date. If satisfactory, Massachusetts
Electric Company will be required to submit a human health and ecological risk assessment. The
outcome of the risk assessment will determine the need for additional remedial response actions at the
site. IRA activities currently being conducted are intended to abate a Condition of Substantial Release
Migration; DEP recognizes that additional remedial response actions may be necessary.
205a Lowell St. Wilmington,MA 01887 a Phone (978)661-7600 a Fax (978)661-7615 a TDD#(978)661-7679
Printed on Recycled Paper
Your letter also indicates that during the review of the proposed intertidal bioremediation
project, a request by NOAA for biological monitoring was turned down. The interagency review panel
consisted of members of DEP's Bureau of Waste Site Cleanup, DEP's Division of Wetlands and
Waterways, the United States Army Corps of Engineers, the National Marine Fisheries Service, the
United States Fish and Wildlife Service, and the United States Environmental Protection Agency. The
representative of the National Marine Fisheries Service did request that additional sediment samples be
collected from outside of the work area to determine if contaminant levels were increasing as a result
of the IRA activities. DEP agreed with this proposal, and Massachusetts Electric Company agreed to
collect and analyze the samples. Due to the gross level of contamination in the area, the interagency
permit review panel determined that biological monitoring was not warranted in conjunction with IRA
activities. However, biological monitoring has not been ruled out in conjunction with future remedial
response actions.
Your comments will be forwarded to Joseph Callanan of Massachusetts Electric Company for
immediate consideration. Should there be any questions regarding this correspondence, please contact
David T. LaPusata at the letterhead address or by telephoning (978) 661-7717.
Sincerely,
Davy id. L'Pusata`v
Environmental Analyst
Bureau of Waste Site Cleanup
Stephen M. Johnso
Chief, Site Management Section
Bureau of Waste Site Cleanup
cc: Salem Conservation Commission, One Salem Green, Salem, MA 01970, Attn: Ms. Debra
Hurlburt
Salem Board of Health, Salem, MA 01971, Attn: Health Agent
GEI Consultants, Inc., 1021 Main Street,Winchester, MA 01890, Attn: Mr. Marco Boscardin
RETEC, Inc., Damon Mill Square, 9 Pond Lane, Concord,MA 01742-2851, Ann: Mr. James
Greacen, Attn: Mr. Ben Genes
Boston Gas Company, One Beacon Street. Boston, MA 02108, Attn: Mr. Alexander Taft
Massachusetts Electric Company, 25 Research Drive, Westborough, MA 01582-0005
Attn: Mr. Joseph Callanan
National Marine Fisheries Service, Habitat Division, 1 Blackburn Drive, Gloucester, MA 01930
Attn: Eric Hutchins
Data entry/file
2
f
COMMONWEALTH OF MASSACHUSETTS
r EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston - Northeast Regional Office
ARGEO PALL CELLUCCI
Govemor TRUDY COXE
JUL1 Lt g2QU p Secretan
V L 1 V F DAVID B.STRUHS
Salem PIanm.�g Dept. Commissioner
CERTIFIED MAIL
Massachusetts Electric Company
25 Research Drive JUL o 9
Westborough, MA 01582-0005
Attn: Mr. Joseph Callanan RE: SALEM -NEPCo Property
Waite Street & Planters Row
DEP RTN 3-1709
CONDITIONAL APPROVAL OF
OPERATION, MAINTENANCE,
AND MONITORING PLAN
Dear Mr. Callanan,
The Department of Environmental Protection (DEP) is in receipt of the Operation,
Maintenance, and Monitoring (OMM) Plan for the IRA work being conducted in Area-1 of the NEPCo
Property site. Area-1 consists of the upland portions of the adjacent Massachusetts Electric Company
(MEC) and Boston Gas Company (BGC) properties. IRA activities on the MEC property have
included the installation of a 450-foot long subsurface vertical barrier wall with four filter treatment
structures used to passively treat contaminated groundwater and the installation of an upgradient
immiscible phase petroleum collection system. IRA activities on the BGC property have included the
installation of a 240-foot long subsurface vertical barrier wall and the installation of an upgradient
immiscible phase petroleum collection system. These IRA activities are being conducted to abate the
migration of immiscible phase petroleum to the adjacent Collins Cove.
On June 12, 1998. DEP and MEC personnel met to discuss the proposed OMM Plan. Based
on DEP's review of the plan and information provided at the June 12, 1998 meeting, DEP hereby
approves of the plan with the following comments and conditions:
MEC AREA-1
1) During the installation of the vertical barrier wall and filter treatment structures on the MEC
property, monitoring wells MW-101 and MW-201 were destroyed. At the June 12, 1998 meeting,
MEC agreed to replace these wells. The replacement wells will be designated MW-101R and
MW-201R. MW-IO1R will be located adjacent to the southem-most filter treatment structure to
provide hydraulic information and to ensure that contaminants are not migrating around the barrier
wall. Measurements of groundwater elevation, pH, and specific conductance will be collected on a
205a Lowell St. Wilmington, MA 01887•./Phone (978)661-7600• Fax (978)661-7615•TDD#(978)661-7679
LJ Printed on Recycled Paper
monthly basis. Laboratory analysis for volatile organic compounds (VOCs), polycyclic aromatic
hydrocarbons (PAHs), and amenable cyanide, will be conducted on a quarterly basis. MW-201 R
will be located upgradient of the barrier wall between the northern and central filter treatment
structures to provide hydraulic information. Measurements of groundwater elevation, pH. and
specific conductance will be collected from this well on a monthly basis.
2) In addition to the monitoring well network specified in the OMM Plan and the two replacement
wells described above, two additional wells will be installed on the MEC property. These wells
will be designated IRA-03 and IRA-04. IRA-03 will be located adjacent to the northern-most
filter treatment structure to provide hydraulic information and to ensure that contaminants are not
migrating around the barrier wall. IRA-04 will be located downgradient of the barrier wall
between the northern and central filter treatment structures(in a location downgradient of a known
barrier wall breach, which will be jet grouted prior to installation), to provide hydraulic
information and to ensure that contaminants are not moving through or under the barrier wall.
Measurements of groundwater elevation, pH, and specific conductance will be collected from
these wells on a monthly basis. Laboratory analysis for VOCs, PAHs, and amenable cyanide, will
be conducted on a quarterly basis.
3) At the June 12. 1998 meeting, MEC agreed, for the first round of sampling, to collect two sets
of samples from the filter treatment structures, one prior to purging and one subsequent to purging.
Pre-purge and post-purge samples will be compared in order to determine the best way to sample
filter treatment structures for this type of barrier wall application.
BGC AREA-1
1) In addition to the monitoring well network specified in the OMM Plan, two additional wells
will be installed on the BGC property. These wells will be designated IRA-01 and IRA-02. IRA-
01 will be located adjacent to the southern tip of the BGC vertical barrier wall and IRA-02 will be
located adjacent to the northern tip of the barrier wall to provide hydraulic information and to
ensure that contaminants are not migrating around the barrier wall. Groundwater elevation
measurements will be collected on a monthly basis and groundwater samples will be collected on a
quarterly basis for VOC, PAH, and amenable cyanide analyses.
2) Three piezometers will also be installed on the BGC property to provide a more complete
hydraulic picture in the area of the barrier wall. One piezometer will be located upgradient of
IRA-01, another will be located upgradient of IRA-02, and the third will be located downgradient
of IRA-02.
ADDITIONAL COMMENTS/CONDITIONS
1) If, during the course of long-term monitoring, DEP determines that additional monitoring data
is required to evaluate the performance of the MEC and BGC barrier walls, Massachusetts Electric
Company must provide DEP with the necessary information.
2) Based on these comments and conditions, MEC must finalize the OMM Plan and submit a final
version to DEP. This final OMM Plan must be submitted within two weeks of receipt of this
letter.
2
3) Within 30 days of the installation of additional monitoring wells/piezometers. MEC must
submit to DEP a set of detailed as-built plans for the MEC and BGC Area-1 IRAs.
Should there be any questions regarding this correspondence. please contact David T. LaPusata
at the letterhead address or by telephoning (978) 661-7717.
Sincerely.
David T. LaPusata
Environmental Analyst
Bureau of Waste Site Cleanup
Stephen M. Johnso
Chief, Site Management Section
Bureau of Waste Site Cleanup
cc: Salem Conservation Commission, One Salem Green Salem, MA 01970 Attn: Ms. De
bra
Hurlburt
Salem Board of Health, Salem, MA 01971, Attn: Health Agent
GEI Consultants, Inc., 1021 Main Street, Winchester, MA 01890, Attn: Mr. Marco Boscardin
RETEC, Inc., Damon Mill Square, 9 Pond Lane, Concord, MA 01742-2851, Attn: Mr. James
Greaten, Attn: Mr. Ben Genes
Boston Gas Company, One Beacon Street, Boston, MA 02108. Attn: Mr. Alexander Taft
Data entry/file
3
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE
WILLIAM F. WELD TRUDY COXE
Governor
_ Secretary
ARGEO PAUL CELLUCCI DAVID B. STRUHS
Lt. Governor
Commissioner
n. NOV 2 01997
Salem Plann?ng Dept.
Charles and Kathy O'Connell
116 Leach Street
Salem, MA 01970
Re: Waterways License Application No. W97-8738
Dear Mr. and Mrs. O'Connell:
The Waterways Regulation Program (WRP) has received your application requesting authorization
to perform certain activities in state waterways pursuant to G.L. Chapter 91, waterways
Licensing. The WRP has assigned your filing with the referenced application number. IT is
IMPERATIVE THAT YOU REFER TO THIS APPLICATION NUMBER WHENEVER YOU SUBMIT OR REQUEST
INFORMATION FOR THIS FILE.
Immediately following this letter is the WRP' s public notice for this application. You are
required to publish this notice, at your expense, in the local newspaper(s) having circulation
in the area affected by the proposed activity. This notice must be published no later than
the designated "Notification Date" for at least one day in the local newspaper(s) . There is
a prescribed public comment period imposed from the date of publication. You are required to
submit proof of publication to the WRP by sending a copy of the newspaper notice showing the
date of publication or a letter from the newspaper indicating the date the notice was
published.
The WRP will concurrently notify the appropriate municipal officials of the proposed activity
for their review and comment. The WRP cannot commence licensing review and authorization
until at least forty-five (45) days after the municipality has been notified of this
application. Also, should this project exceed the MEPA waterways thresholds, thereby
requiring completion of the MEPA review process, the WRP will publish the public notice in the
Environmental Monitor.
Furthermore, pursuant to 310 CMR 9.00, Licensees are required to provide compensation for
private use of structures (or fill) on Commonwealth tidelands which interfere with the rights
of the public to use such lands. Said compensation includes, but is not necessarily limited
to, the allowance of the public to pass on foot, for any lawful purpose, within the area of
the subject property lying seaward of the high water mark. The WRP may contact the Applicant,
if it has not already done so within the text of this letter, requesting information and/or
possible revisions necessary to comply with this requirement.
Lastly, the WRP cannot begin review of this application for license issuance until the
following information has been submitted to the file:
x Proof of publication of the public notice
x Expiration of the statutory 45 day comment period -
If for any reason you are unable to publish this notice by or before the Notification Date
please change the date to the date of publication: _
10 Commerce Way • Woburn,Massachusetts 01801 • FAX (781) 932-7615 0 Telephone (781) 932-7600 0 TDD#(781)932-7679
2 _
Should you have any question with regard to the foregoing, please contact
Jill Provencal at (617) 932-7778.
ncerely,
afnes Sprague 1 E� Provenca
ection Chief nvironmenta1 Analyst
Division of Wetlands and Waterways ate rways Regulation Program
CC: Salem Mayor and City Council
Salem Conservation Commission
William Wholley, Harbormaster
Salem City Clerk
Salem Planning Board
Division of Fish & Wildlife
Massachusetts Historical Commission
Office of Coastal Zone Management
Division of Marine Fisheries
John R. Gillespie, Jr.
Stephen A. Ingemi
WRP Application File (2)
ABUTTERS TARE NOTICE: If the structure, to be authorized is within 25 feet of the common
property line, it may impact access to your property from the water. Please contact the
Department within the public comment period if this is a problem.
Public Notice Attachment
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Waterways Regulation Program
Notice of License Application pursuant to G.L. Chapter 91
Waterways License Application Number W97-8738
Charles and Kathy O' Connell r�
Notification Date : DEC ' 1997
Public notice is hereby give. of the application by Charles and Kathy
O' Connell to maintain an existing seawall at 116 Leach Street, in the
municipality of Salem in and over the waters of Palmer' s Cove . The proposed
use of the structure is for shoreline stabilization and is a water-
dependent project .
The Department will .consider all written comments submitted 30 days
subsequent to the "Notification Date" . A public hearing may be held upon
written request by the municipal official . Furthermore, a municipality,
ten citizen group or any aggrieved person that has submitted comments may
also petition to intervene to become a party before the close of the.
comment period. Failure to submit such petition will result in the waiver
of any right to an adjudicatory hearing. For information call (617) 932-
7600 . Plans and documents for this application are on file with the
Department for public viewing at the address below. Written comments
should be addressed to J. Sprague, Section Chief, DWW, 10 Commerce . Way,
Woburn, MA 01801 .
Massachusetts Department of Environmental Protection
Bureau of Resource Protection—Waterways
BRP WW 06 Waterways Simplified License
General Waterways Application
off' LICENSE NO.
Approved By Department Of Environmental Protection
�P Date NOV 2 01997
6
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