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Home My WebLink AboutChauncy St. #75 - 4/28/2005NiaY• 2. 2005 12:52PM COMMONWEALTH OF MASSACHUSETTS NO-0992 P. 2/3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAms DEPARTMENT OF ENVIRONMENTAL PIR� T SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-0 MITT'ROMNEY Governor KERRY HEALEY Lieutenant Gnvarnor April 29, 2005 Joseph P. Ditchman JPD Mortgage 1000 Superior Avenue Cleveland, Ohio 44114-2515 RE: DETERMINATION OF ADMINISTRATIVE COMPLETENESS Application: 13WPSWI3 - Beneficial Use Determination ("BUD") AT: 75 Chauncey Street Mansfield, Massachusetts 02048 Transmittal Number. #W057426 Dear Mr_ Ditchman: ELI.EN ROYHERZFELDER Seerebiry ROEERT W. GOLLEDGE, Jr. Q mmiasinner On January 6, 2005, the Department of Environmental Protection (tlle "DeparlmenC) received the above referenced BWPSW13 Beneficial Use Determination ("BUD.") application regarding a proposal to utilize painted/coated clashed brick and concrete as al curative construction fill material for the development of a parking lot at the stated address. The application was submitted on your behalf by Resource Control Associates, Inc., of Pawtucket, Rhode Island. On February 2, 2005, as a result of its .review, the Department issued an Administrative Incompleteness determination to you regarding the proposed application. On April 4, 2005, the Department received your response to the Administrative Incompleteness Notice_ The department has reviewed the submitted information and has determined that the compiled application is Administratively Complete. As a result, the Department will proceed with its Technical Review of the application. 1'hN information is available in alternate. format, Call Donald M, Comes, ADA Cnnrdinator at 60-55G1057 TDD Bcrvicc- 7-800.29&2207. DEP cn the W!rorld Wide Web: Oltp:/Avwamass,gov/dep * Plinted on Recycled Paper May. 2. 2005 12:52PM No•0992 P. 3/3 9 Should there be any questions, please contact the Department at the letterhead address or telephone me at (508) 946-2833, or Robert Johnson at (508) 946-2832. Sincerely, David 13. Ellis, Chief — Solid Waste Management Section E/RIIJAT Mansfield/CleveBUDAdComp.doc fe: Mansfield Board of Selectmen (508)261-7498 Mansfield Board of Health (508) 261-7425 Mansfield Building Department (508) 261-7425 cc: Resource Control Associates, Inc. 474 Broadway Pawtucket, R.102860-1377 ATTIC: Robert Atwood ec: DEP-Boston ATTN: J,. Doucett May.11. 2005 10:07AM No.1520 P. 1/5 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKE VILLE, MA 02347 508-946-2700 MITT ROAMY BLLEN ROY HERZFELDrR Governor Secretary KrRRY JJX-ALFY ROBERT W. GOLL'CDGE, Jr. Lieutenant Governor Commissioner FAX: (508) 947-6557 To Fax #(s • fa �, �X� From: Roslyn Reiman Phone: (608) 946-2863 b5 0 Pages: t2� plus this cover page Comments: Please find attached letter(s): CQ afpr""V written by: Thlx Wormvdan k),w(lably )n vltervafe rorma6 call DvmWK. 00m4, A))A Cnnalieafur of 6)7.556d057_'n)U 8.,A j • ).90u-29s-2207. DEP on the World Wide Woe: htipYAW1W.MaS .90VIdep Ct* Printed on Recycled Paper May•11. 2005 10:07AM Wo,1520 P. 2/5 COMMONWEALTH OF MASSACAUSEZ i'S EXEcunvE OFFICE OF ENVIRONMENTAL A kWATPQ DEPARTMENT OF ENVIRONMENTAL PR l SOUTHEAST REGIONAL OFFICE 1 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-270 MITT ROMNEY Governor BERRY HEALEY Lieutenant Govornor May 13, 2005 Joseph P. Ditohnian JPD Mortgage 1000 Superior Avenue Cleveland, Ohio 44114-2518 Rll. PROVISIONAL APPROVAL Application: BWPSW13 - Beneficial Use Determination ("BUD") Transmittal Number: #W057426 Dear Mr. Ditclrman: ELLEN ROY AERUELDER secretory ROBERT W GOLLEDGE, Jr, ColnmiaHiotmr The Department of Environmental Protection (the `Department") has completed its review of the above referenced BWPSWI3 Beneficial Use Determination ("BUD") application concerning your proposal to utilize painted/coated crushed brick and concrete as alternative construction fill material for the construction of a Parking lot at the stated address. The application was submitted on your behalf by Resource Control Associates, Inc., of Pawtucket, Rhode Island on January 6, 200S. On February 2, 2005, the Department determined the application was Administratively Incomplete and requested that additional information be submitted. On .April 6, 2005, the Department received additional information. On April 28, 2005, the Department determined that the revised and compiled application was Administratively Complete. Review of the application has disclosed that it is your proposal to re -use 2,500 cubic yards of crushed painted concrete rubble as subgrade fill material for the construction of a parking lot at the referenced location, The crushed concrete rubble will be reduced to a size fraction that will not exceed three -inches (3") in diameter. All associated metal reinforcement materials (i.e, rebar, mesh, etc,) will be removed and properly disposed of and/or recycled. Analytical results of the paint has revealed that the paint does not contain any chemical constituents (e.g. lead, asbestos etc) that would exceed any established environmental/public health standard. This information is availot,le in alternale format. Call Donald M. Gvmea, ADA Coordinator at 617-W-1051. TDD Stnico- l-NO(ba9R•2207. DEP on the Wodd Wide Web; hhp:/hr .maes.00v1dep QQ Printed on Recyelad Paper MaY.11• 2005 10:07AM No-1520 P. 3/5 2 Asa result of its review, and under its authority pursuant to MGL c.111, §150A & 150AI/2, and the regulations set forth at 310 CMR 16.00 and 310 CMR 19.000, the Department hereby provisionally approves the proposed activity(ies) subject to the following: PERMIT CONDITIONS AND REQUIREMENTS This BUD is a site specific permit and is limited to the proposed use of 2,500 cubic yards of brick and concrete rubble that will be generated from the demolition of a 65,000 square -foot building at the stated address. 2. This BUD means the described material shall not be classified as a solid waste only provided that it is used in accordance with the requirements of this determination. Additionally, the material shall not be handled or utilized in a manner that will cause or result in the material becoming a solid waste. 3. The "beneficial use" of this material must be conducted in compliance with regulations at 310 CMR 19.060 Beneficial Use of Solid Wastes. Aside from the described "paint", the crushed rubble shall be: • clean; reduced to a size in all dimensions of "three-inch minus" (<3"),. 4. The use of the BUD material shall be limited to use as construction sub -grade fill material in accordance with specified site locations as depicted on the submitted plans entitled "JPD Mortgage, 75 Cbauncey Street, Mansfield, Massachusetts, dated Tune 28, 2004", and "Redevelopment of the ACME -Cleveland Property, Mansfield, MA, dated March 23, 2005". S. Tbera shall be no speculative accumulation of the rubble at the site. In the event that all of the proposed material is not be used as construction sub -grade fill material in accordance with the designated plan, all excess remaining material shall be properly disposed of at an approved solid waste management facility. 6. The "beneficial use" of this material must be performed in compliance witb all other applicable local, state, and federal laws and regulations„ 7. The issuance of this BUD permit does not relieve the owner(s) and/or developers of the site from the responsibility to comply with all other regulatory or permitting requirements.. S. The Department reserves the right to inspect the site/project in order to determine compliance with this BUD permit and applicable regulations. MaY.11. 2005 10:08AM No.1520 P. 4/5 9_ No nuisance conditions such as noise or dust shall be allowed to develop at the site. In the event a nuisance condition develops, the owner(s) and/or developers of the site shall immediately implement whatever measures necessary in order to abate the problem. 10, In the event nuisance conditions or adverse environmental impacts develop or are caused as a result of this project, the Department reserves the right to modify, suspend, or revoke, this BUD permit. 1 L The owner(s) and/or developers of the site shall, upon request and within a reasonable timeframe, provide the Department with any information that is deemed relevant in determining whether a cause exists to modify, suspend or revoke this permit, or to determine whether the facility/site is complying with the terns and conditions of this permit_ 12„ Failure of the owner(s) and/or developers of the site to comply with the terms and conditions of this permit shall be grounds for the Department to take appropriate enforcement action including without limitation, permit suspension and revocation. 13. The and/or developers of the site shall notify the Department of chemical nature of the material. Any change of use of the material as presented in the BUD application will require further review. 14. This BUD permit along with the accompanying construction plan shall be recorded, in the Registry of Deeds. A copy of ibis recording shall be forwarded to the Department within ninety (90) days of receipt of this approval. Failure to comply with this condition will result in the suspension of this approval and require the removal and proper disposal of the material.. 15. The Department shall be notified in writing upon the completion of the project. At a minimum, documentation consisting of a report and certified "as -built" drawings/plans shall be 'submitted to the Department describing the finished project. APPEAL ,Right to Appeal - Any person aggrieved by the issuance or denial of the permit, may file an appeal for judicial review of said decision in accordance with the provisions of M.G.L. C. 111, § 15OA and e. 3OA, no later than thirty (30) days following the date of issuance of this final permit. The standing of a person to file an appeal and the procedures for filing such appeal shall be governed by the provisions of M.G.L. c. 3OA. Unless the person requesting an appeal requests and is granted a stay of the terms and conditions of the permit by a court of competent jurisdiction, the permit decision shall remain effective or become effective at the conclusion of the thirty (30) day period. May.11. 2005 10:09AM No.1520 P. 5/5 Notice f*Azpea! - Any aggrieved person intending.to appeal a grant or denial of a permit to the Superior Court shall first provide notice of intention to commence such action. Said notices of intention shall include the Department file number and shall identify with particularity the issues and reason why it is believed the permit decision was not proper. Such notice shall be provided to the Office of General Counsel of the Department and the Director of the Business Compliance Division at least five (5) days prior to the filing of an appeal. a. Office of General Council Department of Environmental Protection One Winter Street -Third floor Boston, MA 02108 b. Division Director Department of Environmental Protection Business Compliance Division One Winter Street -Ninth floor Boston, MA 02108 No allegation shall be made in any judicial appeal of a permit decision unless the matter complained of was raised at the appropriate point in the administrative review procedures material and that it was not reasonably possible with due diligence to have been raised during such procedures or that matter sought to be raised is of critical importance to the environmental impact of the permitted activity. Should there be any questions regarding this matter, please contact the Department at the letterhead address or telephone me at (508) 946-2833, or Robert Johnson at (508) 946- 2832. / E/RIIJ/rr Mansfield/C1eveBUDProvApvl.doc I £e: Mansfield Board of Selectmen (508)261-7498 Mansfield Board of Health Mansfield Building Department (508)261-7425 David B. Ellis, Del Solid Waste Management Section cc: Resource Control Associates, Inc. 474 Broadway Pawtucket, RI 02860=1377 ATFN: Robert Atwood cc: DFP-BOSTON ATTN: J. Doucett