November 22, 2000

Bob Durand, Secretary
Executive Office of Environmental Affairs
Mr. Dick Foster EOEA no; 12306
251 Causeway Street Suite 900
Boston, Ma. 02114

Dear Mr. Durand,

   We the abutters and neighbors to this Powder Mill project in Andover, have the following comments and concerns, which we feel makes it a mandatory EIR.

   1.Wetlands, Waterways, and Tidelands 301 CMR 11.03 (3) (a) 1 a. alterations of one or more acres of bordering vegetating wetlands or b. 10 or more acres of any alteration of wetlands.
   This 5.1 acres of property sits on the banks of the Shawsheen river. This project is a piece of 30 plus acres broken up by present land owner of record over time to over develop and alter and avoid regulations.
    A.) US Post office built on edge and actual river (1988 ) photo before post office attached.
    B.) Marland Place redevelopment project took unpaved rivers edge on north end of property and paved over. (1995).
    C.) The present landowner of record has allo\\ed by neglect the front of dam at site to fill up with dirt and debris by not cleaning and dredging yearly. The Present land owner continues to be the land owner of record of all above (just leasing river bank and wet lands ) These past alterations by design and neglect are far greater than any 10 acres.

   2.Wastewater 301 CMR 11.03 (5) (a) ~ 5; New discharge or expansion in discharge of any amount of sewage or untreated storm water directly to an outstanding resource water.
   a.We stated in conservation and planning board meetings that the Powder Mill 72 unit housing has 48 hours of raw sewage storage tanks, and because the flood events last longer, that raw sewage will be overflowing into the Shawsheen river. At flood events the main sewer trnnk line overflows into the Shawsheen river. Past records from neighbors, and US government of flood, and sewer over flows at site into Shawsheen river. 1979 was 6.25 days, 1982 was 3.5 days, 1984 was 4 days, 1987 was 3.75 days 1993 was 2.3 days, 1996 was 3.75 days and in June of 1998 it was 4 days. Floods and sewage discharges are predictable at this floodplain, and your regulations do not allow direct discharge into the river. The developer knew he could not get into sewer line during floods so he put in holding tanks. He needs more than 6.25 days as not one of the above floods is over a 70 year flood event. (the 48 hours of capacity needs to be 150 hours)

   3.Solid and hazardous waste 301 CMR 11.03 (9) (a) New capacity of 150 or more ton per day for storage.
The developer has designed into this project an
underground parking garage, that is a compensatory flood storage during flood events. The storage of the water with reportable levels of E.coli, fecal coliform and hazardous chemicals. We think it is very important to note the abutting Marland Place has been and continues to be a hazardous waste site with 130 assisted living units occupied. This site has been audited by the DEP RTN: 3- 12183 and 3-1399: (the summary of audit is held up?? Why??) We trust you will read over before your decision? Letter of start of audit dated 4/7/2000. The Powder Mill proponents have after town hearings closed disclosed wells and or borings with reportable hazardous chemicals, (arsenic, dichloroethene, vinychloride and chloroethene etc.) at this underground garage/ storage tank location. This brings everyone in harms way. Information attached.

   4.The river at this location in 1996 after the Marland Place redevelopment and an attempt to remove hazardous waste went dead. We no longer have fishermen fishing, no longer ducks swimming, and a major reduction in mosquitoes, why??

Please require a mandatory EIR to put residents out of harms way.
Very truly yours,
Peter M Hadley