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Home My WebLink AboutCorrespondence - 94 GRANVILLE LANE 12/10/2002 COMMONWEALTH OF A/lASSACHUSETTS z EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS M d DEPARTMENT OF ENVIRONMENTAL PROTECTION >w Metropolitan Boston—Northeast Regional Office O,A SJe JANE SWIFT BOB DURAND Governor Secretary LAUREN A.LISS Commissioner December 10, 2002 Marro and Francesca Grgurovic 94 Granville Lane North Andover,Massachusetts 01864 RE:Withdrawal of Application for BRPWP64c:Alternative Technology for Remedial Use 94 Granville Lane,North Andover(13a-Merrimack) DEP Transmittal No.W027336 Dear Mr. and Mrs. Grgurovic: On August 8,2002,the Metropolitan Boston-Northeast Regional Office of the Department of Environmental Protection issued a statement of technical deficiency regarding the above-referenced application. At that time you were given sixty(60)days to respond or to request additional time to respond. No response was received. On November 18,2002, another letter was sent to you informing you that the time for a response had expired but that the Department would give you until December 6,2002 to respond to the issues raised in the statement of technical deficiency. In this way you were given 120 days to prepare a response without your having to request the additional time. To date no response to this most recent letter has been received. As such,the Department has deemed this application withdrawn in accordance with 310 CMR 4.04(2)(d)4. Since this Withdrawal has occurred after the technical review of the application,you are not entitled to a refund of the fee [3 10 CMR 4.04]. If you require Department approval for an alternative technology at this location or any other Department approval,you will need to complete and submit a new Transmittal Form and appropriate application. If you have any questions regarding this matter,please contact Claire A. Golden at(978)661-7743. Very truly yours, Madelyn Morris MM/CAG/cg Deputy Regional Director \2002variancesl\w027339wdI Bureau of Resource Protection cc: e Sandra Starr,R.S.,Agent,Board of Health,27 Charles Street,North Andover,MA 01845 e Richard C.Tangard,P.E.,New England Engineering Services,Inc.,60 Beechwood Drive,North Andover,MA 01815 This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205A Lowell SL Wilmington,MA 01887 ® Phone(978)661-7600 ® Fax(978)661-7615 - TTDt> (978)661-7679 0 Printed on Recycled Paper COMMONWEALTH OF MASSACHUSETTS Z EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS m y .DEPARTMENT OF ENVIRONMENTAL PROTECTION d Metropolitan Boston—Northeast Regional Office C'jb^i SWBV JANE SWIFT BOB DURAND Governor Secretary 8 6Ai�r;r LAUREN A.LISS Fp Commissioner 0200, November 18,2002 y, Marko and Francesca Grgurovic 94 Granville Lane North Andover,Massachusetts 01864 RE: Status of Application for BRPWP64c: Alternative Technology for Remedial Use 94 Granville Lane,North Andover(13a-Merrimack) DEP Transmittal No.W027336 Dear Mr. and Mrs. Grgurovic: On August 8,2002 the Metropolitan Boston-Northeast Regional Office of the Department of Environmental Protection issued a statement of technical deficiency related to the above-referenced application. At that time you were given up to 60 days to respond(October 7,2002)or request additional time. As of today you have not responded or requested additional time. In accordance with 310 CMR 4.00 you are considered to have withdrawn your application. However, the Department is willing to extend you time to respond to the Department's August 8,2002 letter until December 6,2002. Given the addition time you are being given without requesting it,the Department cannot consider a request for any additional time for your response. If the Department does not receive your response on or before December 6,2002,your application shall be deemed withdrawn. Should you have any questions regarding this matter,please contact Claire A.Golden of my staff at (978)661-7743. Very truly yours, Madelyn Morris Deputy Regional Director Bureau of Resource Protection MM/CAG/cg \2002alternatives 1\w02733 9status cc: * Sandra Starr,R.S,,Agent,Board of Health,27 Charles Street,North Andover,MA 01845 ® Richard C.Tangard,P.E.,New England Engineering Services,Inc.,60 Beechwood Drive,North Andover,NIA 01845 This information is available in alternate format by calling our ADA Coordinator at(617)574-6571 205A Lowell St. Wilmington,MA 01887 ® Phone(978)661-7600 a Fax(978)661-7615 - Tip#(978)661-7679 AD Printed on Recycled Paper COMMONWEALTH OF MASSACHUSETTS g EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS b d DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional (Office sy, JANE SWIFT BOB DURAND Governor Secretary 1 , _ LAUREN A.LISS Commissioner August 8,2002 Marko and Francesca Grgurovic 94 Granville Lane North Andover,Massachusetts 01864 RE: STATEMENT OF TECHNICAL DEFICIENCY Application for BRPWP64c:Alternative Technology for Remedial Use 94 Granville Lane,North Andover(13a-Merrimack) DEP Transmittal No.W027336 Dear Mr.and Mrs. Grgurovic: The Metropolitan Boston-Northeast Regional Office of the Department of Environmental Protection has received and reviewed your application for approval of an alternative technology pursuant to 310 CMR 15.000 with the above transmittal number. The application contained written notification,dated April 21,2002,stating that the North Andover Board of Health had approved the proposed system that incorporates the use of an alternative technology. Use of a Single-Home FASTrm unit is proposed. As part of the approval of the Single-Home FASTTM technology for remedial use,the designer may select one of three design criteria that may be waived:the depth to groundwater;the depth of naturally occurring pervious material or the size of the soil absorption system(SAS). A reduction in the SAS of approximately 65 percent has been requested. This requested reduction exceeds what is permitted in accordance with this technology's approval and has resulted in this application's classification as a BRPWP64c. Accompanying the application were plans consisting of two(2)sheets,titled as follows: Title: Plan Showing Proposed Subsurface Sewage Disposal System Location: 94 Granville Lane Municipality: North Andover Applicants: Marko and Francesca Grgurovic Designer: Richard C. Tangard,P.E.No. 13021 Date(Last Revision): February 8,2000(March 22,2000) An engineer of the Department has reviewed the application and accompanying information, and it is the opinion of the Department that the request for approval of this alternative technology cannot be approved at this time. The following paragraphs discuss the Department's reasons for this determination. This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205A Lowell St. Wilmington,MA 01887 . Phone(978)661-7600 . Fax(978)661-7615 ® TTD#(978)661-7679 Printed on Recycled Paper Marko &Francesca Grgurovic Page 2 August 8,2002 The applicants have proposed to provide only 35 percent of the required SAS. This exceeds SAS reductions that the Department has permitted in the past. The Department understands the site constraints including significant slopes and lack of naturally occurring pervious material. However,in addition to the large SAS area reduction,the design currently contains some inconsistent information that needs to be corrected as required. The application discusses that the proposal is for a Wisconsin Mound design. According to Wisconsin Mound Soil Absorption System:Siting, Design and Construction Manual January 2000(with September 2001 editorial changes)by James C.Converse and E.Jerry Tyler,Wisconsin Mounds are constructed above a tilled A-horizon. The proposal currently before the Department states in the Construction Note#4 that the A and B-horizons are to be removed. If the applicants wish to use the B-horizon in accordance with the Department's applicable policy on use of the same,they may. Percolation testing was performed on the B-horizon but the results are not consistent with the soil type encountered in the soil evaluation. A number of options are available to resolve these issues. The following suggestions may be considered individually or in combination with each other and are listed in no particular order. Please note that the system design should conform to the requirements of Title 5 and the Single-Home FASTTM remedial use approval to the maximum feasible extent. • Additional soil testing in the area of the southwestern section of the property,near the driveway,could be performed. This area appear to be somewhat more level based on the limited topography provided in this area • Percolation testing could be performed on the C-horizon and the system design be based on that. Since the C-horizon appears to be less restrictive,the required SAS area is likely to be less and a greater percentage of the required SAS could be provided. Although the C- horizon contains about 35 inches of naturally occurring pervious material,the Department would be willing to consider this alternative. • The depth to groundwater could be reduced so as to result in a smaller fill requirement. This construction cost savings could offset the requirement to provide more of the required SAS area. In the opinion of the Department,the requirements for the approval of this proposed alternative technology for remedial use specified in 310 CMR 15.000 have not been satisfied based upon the information received to date. The applicant has not proved that the same degree of environmental protection provided by a fully complying Title 5 system can be provided by the proposed alternative technology at this location. - In accordance with 310 CMR 4.00,you have sixty(60)days from the postmarked date of this letter in which to address the listed deficiencies. Within the sixty(60)day time frame,the applicants are advised to allow for the appropriate Board of Health action on the revised submittal since the Department of Environmental Protection's subsequent action may be its final action and,therefore,any further filing in this matter would be considered a NEW application. If the applicants cannot accommodate the schedule of the Board of Health within the sixty(60)day period,or for any other reason requires additional time,the applicants may,by written agreement with this Department,extend this schedule in accordance with 310 CMR 4.04(2)(fl The applicants are also advised that when the Department receives the new information,it will initiate a second technical review,and has an additional sixty(60)days to rule upon the application. Should the application be deemed to be deficient for a second time,the application will be denied. Marko&Francesca Grgurovic Page 3 August 8, 2002 The enclosed Supplemental Transmittal Form should be completed and included as a cover sheet with any future submittal to the Department relating to the above matter. You need only correspond to the Northeast Regional Office at the above address. TWO copies of engineering plans are required for Department review. Should you have any questions regarding this matter,please contact Claire A.Golden of my staff at (978)661-7743. Very truly yours, Madelyn orris Deputy Regional Director Bureau of Resource Protection MM/CAG/cg \2002alternatives 1\w027339td 1 Enclosure cc: • Sandra Starr,R.S.,Agent,Board of Health,27 Charles Street,North Andover,MA 01845 • Richard C.Tangard,P.E.,New England Engineering Services,Inc.,60 Beechwood Drive,North Andover,MA 01845