7 Noel St - Request for Determination

What is proposed

The submission is a Request for Determination of Applicability (RDA) asking the Amesbury Conservation Commission to confirm that collecting sediment core samples in the Powwow River at three locations does not require a Notice of Intent (NOI). The sampling is part of an investigation into potential residuals from the former Manufactured Gas Plant (MGP) located at 39 Water Street.

The proposed work is limited to taking sediment cores (not excavation or dredging for removal) and does not propose permanent alteration of the riverbed.

Where and how it's done

Sampling locations are in the Powwow River adjacent to three parcels: 7 Noel Street (Map 65, Lot 82; owner: River Lane Realty LLC), 8 Noel Street (Map 65, Lot 87; owner: Coastal Connections, Inc.), and 33 River Street (Map 66, Lot 14; owner: Robert Evans). The filing references a plan titled “Sampling Locations” prepared by GEI Consultants, Inc., dated June 2024, which shows approximate wetland limits, buffer zones (100-foot buffer), the Riverfront Area (approximately 200 feet), and mean high/low waterlines.

The sampling method described in the RDA uses 3-inch diameter tubing to collect sediment cores to a depth of up to 5 feet. Equipment is hand-held and a small boat (approximately a 14-foot catamaran) will be used to access the sampling points, with the boat launched from 35 Water Street. The applicant states the small-diameter coring and hand equipment are intended to produce negligible disturbance to Land Under Water.

Regulatory and environmental context

An RDA is a request to the Conservation Commission to determine whether proposed work is subject to the Wetlands Protection Act (M.G.L. c. 131, § 40) or a local wetlands ordinance and whether a Notice of Intent (NOI) must be filed. A Notice of Intent is the formal application used to obtain an Order of Conditions (a wetlands permit) when proposed work will remove, fill, dredge, or otherwise alter jurisdictional resource areas.

The Powwow River and associated areas identified in the plans—"Land Under Water," the Riverfront Area, and the 100-foot wetland buffer—are resource areas protected under the state Act and the City of Amesbury ordinance. The RDA materials also include FEMA flood insurance mapping showing the area within Flood Zone AE (the submission’s locus figures note a Base Flood Elevation). The submission states the work will be conducted to avoid altering these protected areas.

Public notice, prior reviews, and procedural details

The RDA letter and supporting materials were submitted by LEC Environmental Consultants on behalf of Boston Gas Company on June 21, 2024; a MassDEP eDEP submission receipt is recorded June 24, 2024. The Conservation Commission scheduled a remote public hearing for July 1, 2024; abutter notifications and a legal notice in the Newburyport Daily News were provided as required. An affidavit of service to abutters is included in the filing.

The cover letter notes prior Commission actions on related sampling for this MGP investigation: the Commission previously issued Negative Determinations for similar activities on December 15, 2022; May 18, 2023; and August 29, 2023.

Decision and next steps

The Amesbury Conservation Commission issued a Negative Determination of Applicability for this RDA on July 15, 2024; electronic signatures and final document processing occurred July 23–25, 2024. A Negative Determination in this case states that, although the work is within an area subject to protection under the Act, the proposed activity will not remove, fill, dredge, or alter that area and therefore does not require a Notice of Intent.

This Determination is valid for three years from the issuance date. The Determination does not relieve the applicant from complying with other applicable federal, state, or local statutes or permits. Any person aggrieved by the Determination (including abutters or other residents) may request a Superseding Determination from the appropriate MassDEP regional office by certified mail or hand delivery within ten business days of the Determination, accompanied by the required filing fee.

For full technical detail, the public file includes the RDA cover letter from LEC, the GEI “Sampling Locations” plan (June 2024), locus and FEMA map figures, the WPA Form 1 RDA submission, abutter notices and affidavit, and the Commission’s WPA Form 2 Determination.