HomeMy WebLinkAboutMiscellaneous - 1600 OSGOOD STREET 4/30/2018 (6) I 1 C)L,)Orr 00.1 a _u i t �wo S1rr�,�, � �,�-�►-�l�q I COMPLETE •N i COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. / ❑Agent ■ Print your name and address on the reverse X ' > i r� ,r 13 Addressee ■ Attach this so that we his card to the back of the mailpiece, h?-- can return the card to you. B. Received by(Printed Name) /. Date of of Delivery or on the front if space permits. Iftos elivery address different from item 1? 11 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No S. N`��� DEC 0 9 2005 C f NORTH ANDOVER r StT' � '3. � •• �Type NIIS� 6 �C k^ �+r-e e-+ I�Certified Mail ❑Express Mail MA O s,�- ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rransfer from service label) _ 7002 0 510 0000 0894 3971 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • �� 015,Y10d' S+(e-tJ Postal (DomesticCERTIFIED MAICRECEIPT Only; a N Cr LOWELzL, HA 00 � \a Q' PCalostage $ 01 UNIT ID: 06i O Certified Fee �•' '1 �``�� Po�tmar O Return Receipt Fee L filer 00 (Endorsement Required) i�•+ �� O Restricted Delivery Fee 7IM03 up (Endorsement Required) O i rq Total Postage&Fees $ {' 12/02/05 u7 O Sent To A, f1J ---------------P, V� t 1¢ s 7 ------------------------------ O Street,Apt.No.; M, f / j I O or PO Box No. `�17�__'-4�115__56tLTr1' 1'�j ��� �iYCR4 l 1- [�- City,Stale,ZIP+4 �---------- cWeIt 14A 0185-. PS Form :11 January 2001 i Certified Mail Provides: N A mailing receipt F1 A unique identifier for your mailpiece ae A signature upon delivery 11 A record of delivery kept by the Postal Service for two years Important Reminders: n Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. :7 Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. t• For an additional fee,a Return Receipt may be requested to Provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece `Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". • If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,January 2001 (Reverse) 102595-02-M-0452 � Town of North Andover NORrH of Office of the Conservation Department 0?;•'4t •e o� Community Development and Services Division rro 400 Osgood Street ,SSACHU North Andover, Massachusetts 01.845 Telephone (978)688-9530 Alison E. McKay Fax(978)688-9542 Conservation Administrator December 2, 2005 Ryan S. Niles, Geologist TRC Environmental Corperation Boott Mills South 116 John Street Lowell, MA 01852 RE: ENFORCEMENT ORDER for Soil Borings and Monitoring Well Installation at 1600 Osgood Street,North Andover,MA-Former Lucent Technologies Property Dear Mr. Niles: The North Andover Conservation Department is in receipt of your letter dated November 30, 2005 requesting to conduct soil testing and installation of monitoring wells at the above referenced site in North Andover. The request is being submitted on behalf of the Merrimack Valley Planning Commission(MVPC) for a Phase II Environmental Site Assessment. Also submitted with that letter was a plan entitled "Site Plan- Former Lucent Technologies Property" dated 9/8/05, which details the location of the soil borings and monitoring well locations. On Monday, November 21, 2005, I conducted a site inspection with yourself to review the details of the proposed work and to determine additional conditions necessary for work to proceed. The work will consist of shallow depth excavation for a total of eleven(11) soil borings, seven (7) of which will be groundwater monitoring wells. It is indicated that only three(3) of these borings/monitoring wells will be located within the 100-foot buffer zone of a wetland resource area (B-107, B/MW - 109, and B/MW - 110). Additionally, limited site access requires a wetland crossing of approximately 15 feet in width in the vicinity of B-107 in order to install B/MW- 110. Upon review of the site and review of the submitted documentation as referenced above, the Conservation Commission chairman, Scott Masse, has determined to allow the work as proposed to be conducted as specified in the referenced documentation under an Enforcement Order. Therefore, the attached Enforcement Order is being issued as a mechanism to perform the proposed work in the approved locations. In as such, all work must be conducted in accordance with the submitted letter and plans as referenced above. It is anticipated that the work will be conducted over a relatively short period (within 1-2 weeks). In addition, the following conditions are mandated and must be adhered to: 130ARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ❖ Prior to the commencement of work activities, erosion controls consisting of trenched silt fence and staked haybales must be properly installed immediately downgradient to all work locations within the 100-foot buffer zone to a wetland resource area. Upon installation of said erosion controls, the Conservation Department shall be contacted for a site inspection. -r-o" - IA'5Pt'e(eJ i/40(o ❖ The wetland crossing shall be conducted during low-flow (dry) or frozen field conditions. Site conditions shall be verified with the Conservation Administrator at least 24 hours in advance to the wetland crossing. ._e KaA_� _ u)O,(C +o 5 N ❖ Access through the wetland resource area shall be limited as specified and shall be crossed using mats or plywood to protect against rut formation and subsequent erosion by truck tires. —o 11�_)_ u,5 ❖ Any storm drains located within the 100-foot buffer zone of the proposed work shall be adequately protected against sediment runoff using crushed stone, filter fabric, haybales, or a combination of these methods (i.e. -in the vicinity of B-102). ❖ The machinery or equipment used to perform the work shall not be stored overnight. If this condition cannot be met, the Conservation Administrator shall be contacted immediately. ❖ All excavated soil materials shall be either backfilled immediately following borings/well installation, removed from site to a location away from any resource area and/or properly disposed of to an off site location. ❖ Erosion controls must be maintained and remain in place until all disturbed areas have been adequately stabilized. ❖ The Conservation Department shall be notified if groundwater is encountered and dewatering becomes necessary. ❖ De-watering activities anticipated shall be supervised and witnessed by an environmental professional. This professional must be on-site while dewatering work is occurring. De-watering activities shall be conducted in locations substantially upgradient to the resource area by means of a proper settling basin and shall be monitored daily to ensure that sediment-laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. ❖ This Enforcement Order permits the above referenced activities only. The Conservation Department shall be contacted if modifications to the scope of work have occurred at any time. ❖ The Conservation Department reserves the right to modify this Enforcement Order at any time to include additional conditions which may be necessary to protect the wetland resource areas. ❖ Upon completion of work activities, all disturbed areas shall be immediately stabilized with seed or hay mulch. If it is too late in the season for seed, disturbed areas shall be adequately seeded in the spring of 2006. :• Upon completion of work activities, the Conservation Department shall be contacted for a final site inspection. The Conservation Department reserves the right to take additional action in the future should this Enforcement Order not be complied with. This Enforcement Order shall become effective upon receipt. Please feel free to contact me should you have any further questions or concerns in this regard. Thank you in advance for your anticipated cooperation. Sincerely, Alison E. McKay Conservation Adinistrator Town of North Andover Encl. CC: Ellen Keller, Ozzy Properties Alan Macintosh -Merrimack Valley Planning Commission Curt Bellavance, Community Development Director DEP, NERO NACC File AIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: This Enforcement Order is issued by: When filling out forms on the North Andover Conservation Commission December 2, 2005 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the TRC Environmental Corporation - return key. Name of Violator Boott Mills South, 116 John Street, Lowell, Massachusetts 01852 t1A"W Address 1: Location of Violation: Ozzy Properties Property Owner(if different) 1600 Osgood Steet- Former Lucent Technologies Property Street Address North Andover 01845 City/Town zip code Map 34 17 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Soil borings and installation of monitoring wells within the buffer zone to a Bordering Vegetated Wetland. Up to three (3) borings are proposed within the 100-foot buffer zone to onsite wetland resource areas(B-107, B/MW- 109, and B/MW- 110). A wetland crossing (approximately 15 feet in width) is also necessary in the vicinity of B-107 in order to install B/MW-110. See attached letter dated 12/2/05 for additional information. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40) and its Regulations(310 CMR 10.00), because: ® the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the buffer zone without approval from the issuing authority(i.e., a valid Order of Conditions or Negative wpaform9a.doc•rev.7114104 Page 1 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands �1 WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name Dated File Number Condition number(s) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ® Other(specify): See attached letter dated December 2,2005. C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. ❑ Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be filed with the issuing authority on or before Date for the following: The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaformga.doc•rev.7/14104 Page 2 of 4 Massachusetts Department of Environmental Protection DEP File Number. - Bureau of Resource Protection -Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ complete the attached Notice of intent(NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action (e.g., erosion/sedimentation controls)to prevent further violations of the Act: See attached letter dated December 2, 2005 for mandated conditions. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both,such fine and imprisonment; or(b)shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Alison McKay, Conservation Administrator Name 978-688-9530 Phone Number M-F 8:30-4:30 Hours/Days Available Issued by: North Andover Conservation Commission wpaform9a.doc•rev.7/14/04 Page 3 of 4 Massachusetts Department of Environmental Protection DEP File Number: �. Bureau of Resource Protection -Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Conservation Commission signatures required on following page. D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled ting of the Commission. Signatfure r i Signature of delivery person or certified mail number wpaform9a.doc•rev.7114104 Page 4 of 4 Town of North Andover f NORTH Q X11.°G y6.h0 Office of the Conservation Department Community Development and Services Division Too 400 Osgood Street SA ��y Alison E. McKay North Andover,Massachusetts 01845 Telephone (978)688-9530 Conservation Administrator Fax (978)688-9542 December 2, 2005 Ryan S. Niles,Geologist TRC Environmental Corperation Boott Mills South 116 John Street Lowell, MA 01852 RE: ENFORCEMENT ORDER for Soil Borings and Monitoring Well Installation at 1600 Osgood Street,North Andover,MA-Former Lucent Technologies Property Dear Mr. Niles: The North Andover Conservation Department is in receipt of your letter dated November 30, 2005 requesting to conduct soil testing and installation of monitoring wells at the above referenced site in North Andover. The request is being submitted on behalf of the Merrimack Valley Planning Commission (MVPC) for a Phase II Environmental Site Assessment. Also submitted with that letter was a plan entitled "Site Plan- Former Lucent Technologies Property" dated 9/8/05, which details the location of the soil borings and monitoring well locations. On Monday, November 21, 2005, I conducted a site inspection with yourself to review the details of the proposed work and to determine additional conditions necessary for work to proceed. The work will consist of shallow depth excavation for a total of eleven(11) soil borings, seven(7) of which will be groundwater monitoring wells. It is indicated that only three (3) of these borings/monitoring wells will be located within the 100-foot buffer zone of a wetland resource area (B-107, B/MW - 109, and B/MW - 110). Additionally, limited site access requires a wetland crossing of approximately 15 feet in width in the vicinity of B-107 in order to install B/MW - 110. Upon review of the site and review of the submitted documentation as referenced above, the Conservation Commission chairman, Scott Masse, has determined to allow the work as proposed to be conducted as specified in the referenced documentation under an Enforcement Order. Therefore, the attached Enforcement Order is being issued as a mechanism to perform the proposed work in the approved locations. In as such, all work must be conducted in accordance with the submitted letter and plans as referenced above. It is anticipated that the work will be conducted over a relatively short period (within 1-2 weeks). In addition, the following conditions are mandated and must be adhered to: 130ARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HFALTH 688-9540 PLANNING 688-9535 :• Prior to the commencement of work activities, erosion controls consisting of trenched silt fence and staked haybales must be properly installed immediately downgradient to all work locations within the 100-foot buffer zone to a wetland resource area. Upon installation of said erosion controls, the Conservation Department shall be contacted for a site inspection. :• The wetland crossing shall be conducted during low-flow (dry) or frozen field conditions. Site conditions shall be verified with the Conservation Administrator at least 24 hours in advance to the wetland crossing. ❖ Access through the wetland resource area shall be limited as specified and shall be crossed using mats or plywood to protect against rut formation and subsequent erosion by truck tires. ❖ Any storm drains located within the 100-foot buffer zone of the proposed work shall be adequately protected against sediment runoff using crushed stone,filter fabric, haybales, or a combination of these methods (i.e. - in the vicinity of B-102). ❖ The machinery or equipment used to perform the work shall not be stored overnight If this condition cannot be met, the Conservation Administrator shall be contacted immediately. ❖ All excavated soil materials shall be either backfilled immediately following borings/well installation, removed from site to a location away from any resource area and/or properly disposed of to an off site location. ❖ Erosion controls must be maintained and remain in place until all disturbed areas have been adequately stabilized. ❖ The Conservation Department shall be notified if groundwater is encountered and dewatering becomes necessary. ❖ De-watering activities anticipated shall be supervised and witnessed by an environmental professional. This professional must be on-site while dewatering work is occurring. De-watering activities shall be conducted in locations substantially upgradient to the resource area by means of a proper settling basin and shall be monitored daily to ensure that sediment-laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval,which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. � y i ❖ This Enforcement Order permits the above referenced activities only. The Conservation Department shall be contacted if modifications to the scope of work have occurred at any time. ❖ The Conservation Department reserves the right to modify this Enforcement Order at any time to include additional conditions which may be necessary to protect the wetland resource areas. ❖ Upon completion of work activities, all disturbed areas shall be immediately stabilized with seed or hay mulch. If it is too late in the season for seed, disturbed areas shall be adequately seeded in the spring of 2006. ❖ Upon completion of work activities, the Conservation Department shall be contacted for a final site inspection. The Conservation Department reserves the right to take additional action in the future should this Enforcement Order not be complied with. This Enforcement Order shall become effective upon receipt. Please feel free to contact me should you have any further questions or concerns in this regard. Thank you in advance for your anticipated cooperation. Sincerely, Z' 7nu'strator Alison E. McKay Conservation Ad Town of North Andover Encl. CC: Ellen Keller, Ozzy Properties Alan Macintosh -Merrimack Valley Planning Commission Curt Bellavance, Community Development Director DEP, NERO NACC File v e , f ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover Conservation Commission December 2, 2005 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the TRC Environmental Corporation return key. Name of Violator Boott Mills South, 116 John Street, Lowell, Massachusetts 01852 00 Address 1: Location of Violation: Ozzy Properties Property Owner(if different) 1600 Osgood Steet- Former Lucent Technologies Property Street Address North Andover 01845 Cityrrown Zip Code Map 34 17 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Soil borings and installation of monitoring wells within the buffer zone to a Bordering Vegetated Wetland. Up to three (3) borings are proposed within the 100-foot buffer zone to onsite wetland resource areas(B-107, B/MW- 109, and B/MW- 110). A wetland crossing (approximately 15 feet in width) is also necessary in the vicinity of B-107 in order to install B/MW-110. See attached letter dated 12/2/05 for additional information. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40) and its Regulations(310 CMR 10.00), because: ® the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the buffer zone without approval from the issuing authority(i.e., a valid Order of Conditions or Negative wpaTorm9a.doc•rev.7/14/04 Page 1 of 4 s Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name Dated File Number Condition number(s) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ® Other(specify): See attached letter dated December 2, 2005. C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. ❑ Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be filed with the issuing authority on or before Date for the following: The restoration shall be completed in accordance with the conditions and timetable established by th issuing authority. wpaformga.doc•rev.7114104 Page 2 of 4 i � l J Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ Complete the attached Notice of Intent(NOI).The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action (e.g., erosion/sedimentation controls)to prevent further violations of the Act: See attached letter dated December 2, 2005 for mandated conditions. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b)shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Alison McKay, Conservation Administrator Name 978-688-9530 _ Phone Number M-F 8:30-4:30 Hours/Days Available Issued by: North Andover Conservation Commission wpaform9a.doc•rev.7/14/04 Page 3 of 4 a , Massachusetts Department of Environmental Protection DEP File Number: -- Bureau of Resource Protection -Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Conservation Commission signatures required on following page. I D. A eals/Si natures (cont.) Pp 9 In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signature Signature of delivery person or certified mail number wpaform9a.doa•rev.7/14/04 Page 4 of 4 Town of North Andover ,�+►�;n!+ Office of the Conservation Department10 • '•-; r'�,� � Community Development and Services Division Heidi Griffin, Division Directory North Andover, Ntassschusetts 01845 Telephone(978)688-9530 Fax(97,8)68&9542 To: I C From: �IC Fax: `l 7 —YS 3 19�,5 page.+: '-7 + e—v `�- phone: Date: a12-A� ! Re: 1.�t,[-eA'f" so d` bA�, CC:� � s Uw0k `��In� I O.'RD OF AITE.M,88-9541 !31 TLDr\'(j f XR_0*d5 CONSERN".V110N(.8R:9510 HE.u.TH RR 1)'V) PL..\AArNG GRftOfM HP Fax K1220xi Log for NORTH ANDOVER 9786889542 Dec 02 2005 1:02pm Last Transaction Date Time Twe Identification Duration Pages Result Dec 2 12:59pm Fax Sent 819784531995 3:07 8 OK rac RECEIVED Customer-Focused Solutions DEC 01 2005 NORTH ANDOVER CONSERVATION COMMISSION November 30, 2005 Alison McKay Town of North Andover 400 Osgood Street North Andover, Massachusetts 01845 Subject: Former Lucent Technologies Property—30-Acre Northeast Portion 1600 Osgood Street North Andover, Massachusetts Dear Ms. McKay: TRC Environmental Corporation (TRC) is conducting a Phase II Environmental Site Assessment ("Phase II") at the above-referenced site (the "Site") on behalf of the Merrimack Valley Planning Commission (MVPC). As part of our field investigation, TRC intends to advance eleven (11) soil borings on the Site, seven (7) of which are to be completed as groundwater monitoring wells. These borings will be completed using Geoprobe® direct-push technology mounted on a pickup truck. Attached please find Figure C-1 from TRC's EPA-approved Quality Assurance Program Plan (QAPP) on file with the MVPC. This figure depicts the proposed locations of on- Site borings and monitoring wells as well as proposed sediment and surface water sample locations. Up to three (3) borings are proposed to be advanced within the 100-foot buffer zone of recently delineated on-Site wetlands (B-107, B/MW-109, and B/MW-110). Additionally, limited Site access requires TRC to cross a wet area (approximately 15 feet in width) in the vinini ,7, f �(1?, i+ order o f t " � 1-1 1 T es-e l zalions r n o.-,; r y to t, J. �-_._ 7 _rCl _. ��. �5�..l:1 B/M 1�t �. :_h �.Jcit�vu� are _ems..�:+a�, .v evaluate impacts on Site soil and groundwater from potential on and off-Site sources. TRC will use the following measures to reduce potential impacts to on-site wetland areas. • Wetland crossing will be conducted through the use of mats or 3/a" plywood to protect against rut formation and subsequent erosion by truck tires. • As mentioned previously, pickup truck mounted Geoprobe® direct-push technology will be utilized to install soil borings and monitoring wells on Site. This method displaces less soil than the alternative use of hollow-stem augers. Additionally, pickup trucks have significantly less impact on surface soil rutting/erosion than traditional drill rigs. Boott Mills South, Foot of John Street • Lowell, Massachusetts 01852 Telephone 978-970-5600 • Fax 978-453-1995 i • Soils generated during installation of borings B-102, B-107, B-108, and B-111 that are not submitted for laboratory analysis will be returned to the annulus of the boring in the order they were removed. • During completion of groundwater monitoring wells B/MW-101, B/1\4W-103, B/MW-104, B/MW-105, B/MW-106, B/MW-109, and B/MW-110, clean well gravels and bentonite will be used to fill the annulus around 2" PVC monitoring wells. Remaining space in the annulus will be "backfilled" with soil cuttings. Excess soils will be containerized for off-site disposal, as necessary. TRC will await written approval from the Town of North Andover of the aforementioned methods before commencing with Site activities. Sincerely, TRC Environmental Corporation Ar Ryan S. Niles, Geologist Scott J. Heim, Ecologist cc: Ellen Keller- Ozzy Properties Alan Macintosh-Merrimack Valley Planning Commission TRC Project File Enclosure TRC Building Description 21 Office and Labs 30 Manufacturing Building 34 Plant Construction 35 Plant Construction Storage 36 W.T.P. Storage BORDEN 40 Power House WHEELABRATOR FACILITY 41 Garage 42 Butler Buildings Storage HOLT 44 Chiller Building ROAD LANDFILL 48 Manufacturing 49 Waste Storage TEST RANGE LOT MICROWAVE TEST 20' EASEMENT FOR RANGE 48' DIA. SEWER , .., 50 Waste Treatment STATE 51 ' Ground Water Remediation OWNED (MA DEM) FILL AR / 52 Pump House Well No. 1 , SOUTH WEST / ANNEX LOT / / 53 Former Deionized Water Treatment Plant WEST LOT sJ 60 Field House 70 Merchandise and MFGR. Building 0 49 P Rte, 44 ii/. .3s; o st0 ,� 71 Packaging Material Building FORMER WARDED SOUTHWEST LOT TANK FARM .. , /,. 34i B/MW-1 - LEGEND / . APPROXIMATE BOUNDARY OF SUBJECT 71/� � o BECM SITE 30-ACRE NORTHEAST PORTION TFMANSSMIS El UNO Q p ii Ol. APPROXIMATE AREA OF FORMER O 0/m, fwl�,i 47/7 777/7T77 LUCENT INDUSTRIAL COMPLEX AND UNDEVELOPED WOODLAND NORTH LOT 3o j % 3 e-102 ,Mc4.: Pw-3 —x--x— FENCE LINE SOUTH LOT 0© S PW- C3 TRC PROPOSED SURFACE WATER/ NORTH NORTH LO© SD/SW SEDIMENT SAMPLE /i/ii; EDP/MW-103 B/MW-1 _2 O B TRC PROPOSED SOIL BORING o oso TRC PROPOSED SOIL BORING AND PW-4 ® BCW MONITORING WELL show BUILDING WITH GROUNDWATER ATHLETIC FIELD I Fl& 0 REMEDIATION SYSTEM I i 8-171 y: BUILDING WITH SOIL REMEDIATION SYSTEM PR EC PITATION ® USG OD STREET M ITOORI G -4/SW ROUTE 125 � B/MW-la4 fl° +�B/MW-109 B(MW-106 0�` NOTES: M ROWAVE MIXED COMMERCIAL/LIGHTza TEST ANTENNA B-10 INDUSTRIAL PROPERTIES � MA DEM - MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT \1 B-107-2/SW-%D-3 � PROJECT N0.42039-0010-00004 J.TRINC. INC. a 9/MW-1 SITE PLAN ,p \ ' FORMER LUCENT TECHNOLOGIES PROPERTY .j Former Industrial Complex&30-Acre Northeast Portion v GRAPHIC SCALE NEW ENGLAND TERASEAM 1600 OSGOOD STREET • TELEPHONE NORTH ANDOVER, MASSACHUSETTS 0 250' 500' 1000 Scott Mille South 116 John Street Lowell, Mossachusefte 01AK 852 FIGURE (978) 970-5600 i 1 INCH = 500 FEET DRAWN BY: HWB DATE: C-1 J CHECKED BY: NS 09/08/05 s TRC Customer-focused Solutions November 30,2005 Alison McKay Town of North.Andover 400 Osgood Street North Andover,Massachusetts 01845 Subject: Former Lucent Technologies Property—30-Acre Northeast Portion 1600 Osgood Street North Andover,Massachusetts Dear Ms.McKay: TRC Environmental Corporation (TRC) is conducting a Phase I1 Environmental Site Assessment ("Phase II") at the above-referenced site (the "Site") on behalf of the Merrimack Valley Planning Commission (MVPC). As part of our field investigation, TRC intends to advance eleven (11) soil borings on the Site, seven (7) of which are to be completed as groundwater monitoring wells. These borings will be completed using Geoprobeo direct-push technology mounted on a pickup truck. Attached please find Figure C-1 from TRC's EPA-approved Quality Assurance Program Plan (QAPP) on file with the MVPC. This figure depicts the proposed locations of on- Site borings and monitoring wells as well as proposed sediment and surface water sample locations. Up to three (3) borings are proposed to be advanced within the 100-foot buffer zone of recently delineated on-Site wetlands(B-107,B/MW-109, and B/MW-110). Additionally, limited Site access requires TRC to cross a wet area(approximately 15 feet in width) in the vicinity of B-107 in order to install B/MW-110. These locations are necessary to evaluate impacts on Site soil and groundwater from potential on and off-Site sources. TRC will use the following measures to reduce potential impacts to on-site wetland areas. • Wetland crossing will be conducted through the use of)mats or Y4" plywood to protect against rut formation and subsequent erosion by truck tires. • As mentioned previously, pickup truck mounted Geoprobee direct-push technology will be utilized to install soil borings and monitoring wells on Site. This method displaces less soil than the alternative use of hollow-stem augers. Additionally, pickup trucks have significantly less impact on surface soil rutting/erosion than traditional drill rigs. Soot)Mills South, Foot of John Street • Lowell, Mossochusetts 01852 Telephone 978.970.5600 • Fox 978-453.1995 • Soils generated during installation of borings B-102, B-107, B-108, and B-111 that are not submitted for laboratory analysis will be returned to the annulus of the boring in the order they were removed. • During completion of groundwater monitoring wells BI.MW-101, B/MW-103, B/MW-104, B/MW-105, B/MW-106, B/MW-109, and B/MW-110, clean well gravels and bentonite will be used to fill the annulus around 2" PVC monitoring wells. Remaining space in the annulus will be "backfilled" with soil cuttings. Excess soils will be containerized for off-site disposal, as necessary. TRC will await written approval from the Town of North,Andover of the aforementioned methods before commencing with Site activities. Sincerely, TRC Environmental Corporation Ryan S.Niles,Geologist Scott J.kleim, Ecologist cc: Ellen Keller-Ozzy Properties Alan Macintosh- Merrimack Valley:Planning Commission TRC Project File Enclosure t Building Description 21 Office and Lobs 30 Manufacturing Building 34 Plant Construction 35 Plant Construction Storage 36 W.T.P. Storage �ea1A•nrar r1 N'f 40 Power House 41 Garage 42 Butler Buildings Storage r » 44 Chiller Building vw.. �,. 48 Manufacturing 49 Waste Storage Tn1 A110LO1 1IMr r xiWN 50 Waste Treatment na 51 Ground Water Remediation aro (MA ow rx. 52 Pump House Well No. 1 rxx or 53 Former Delomzed Water Treatment Plant 60 Field House 70 Merchandise and MFGR. Building �a`w $ 71 Packaging Material Building u �� rxw nAx L(I ./mw-t LEGEND T tom:_I APPROXIMATE BOUNDARY Or SUBJECT M L3(7r] J SREACRE NORTHEAST PORTION) ow b }Ll i APPRO%I4XIM NTE AREA OF FORMER �m int % • //////////// USTRIAL D UNDEVELOPED WOODCOMLAND 11f3 —%—x— FENCE LINE LI SD/SW TRC PROPOSED SURFACE WATER/ n ,ern,tw q SEDIMENT SAMPLE B/Mw-193 B w-1 Ti-a • B TRC PROPOSED SOIL BORING TRC PROPOSED SOIL BORING AND _______________ / IM-. ® e/Mw MONITORING WELL ______� t_____.. oar J r�1rp�}p KDiNO WITH GROUNDWATER REM en.xuc ron 8-11+ ® MEDIATION SYSTEM ® BUILDING WITH SOIL REMEDIATION SYSTEM /mw-loo qrp�..'" 1 ADEM-MASSACHUSETTS DEPARTMENT OF ENVIRONMENTALWWIGEMEIR PROJECT NO.42039-MO-00004 \ /Mw-++ J r` SITE PLAN � FORMER LUCENT TECHNOLOGIES PROPERTY Former Industrial Complex&3D-Acre Northeast Portion GRAPHIC SCALE R ,alcor 1600 OSGOOD STREET NORTH ANDOVER,MASSACHUSETTS 0 250' 500' 1000' TjK 1':Orr FIGURE J (6—m-am—alcor i 1 INCH SOO FEET DRAWN BY: HWB DATE: C-1 `�' CHECKED BY: NS 09/08705 North Andover Conservation Commission Site Inspection Sheet Dep File # 242- N does not have permit with Conservation Commission Date: �t al 05 Address: Luce-44- IbOO 0,5400d Ae-4_&,( 'Bon.y Agent/Representative/Owner present: "R y stn 0i e s , ern 2&� Findings: 4-11 1 � 11c5 Bcc41 — toc,djopn ha„G. �w�►-�," Ids oM i,C_+ 4u,Je.J b� MV C, (. T ,&I raSSi na w�II be r1LGQ5S r r�/ - �Ut I 04 of I(,(11 n —T u n e; 1r- / r• /1 O /L L 1^4M2 d�a+t.lN �C io(.GYfT "rO & we-41 �c3 On t7o 44 cS.�� • C,� I IN McKay, Alison From: McKay, Alison Sent: Tuesday, November 22, 2005 9:59 AM To: Scott Masse (E-mail) Subject: Soil Borings/Monitoring Wells at Lucent Hi Scott, Just a quick heads up. 1 met with a Ryan Niles of TRC Environmental at Lucent yesterday to discuss the locations of some soil borings for monitoring wells. The project is a Brownfields project funded by the MVPC. There is a wetland crossing and several borings within the buffer zone (1 will be immediately adjacent to a wetland). Impact will be minimal since the borings will be shallow. I had asked them to file an RDA. Alan Macintosh contacted me shortly thereafter I had indicated that an RDA should be filed. He is very supportive of the decision as he understands, but is concerned about the added costs since the project is being funded by them. He mentioned calling the Town Manager-(not as a threat, but as an option), but I argueed against it and offered to see what I could do to make things go smoothly for this case. I told Alan and Ryan that I would see what I could do if some of the requirements needed to be relaxed (i.e- local fling fee, plan standards, etc.). Would you be supportive of this? If I don't hear from you before 12:30 today,just let me know next time we talk. I chcked my records and apparently, I had already requested and was approved for a half day today. It's a good thing because now I can meet up with my sister and brother-in-law to see Harry Potter this afternoon. Happy Gobble Gobble! Alison 1 McKay, Alison From: McKay,Alison Sent: Monday, November 21, 2005 2:58 PM To: 'Niles, Ryan' Subject: RE: wetlands protection act Ryan, Thanks for sending that over. Isn't that provision referring to allowable/grandfathered work within Riverfront Area? Maybe I wasn't clear to begin with, but work will be within buffer zone to BVW and Riverfront? Don't worry about calling/e-mailing back, we'll talk about it when I see you in less than an hour. Alison -----Original Message----- From: Niles, Ryan [mailto:RNiles@TRCSOLUTIONS.com] Sent: Monday, November 21, 2005 2:25 PM To: McKay, Alison Subject: wetlands protection act Alison, Scott pointed me directly to 2 sections of the Wetlands Protection Act: The first discusses the activities within wetland areas that are regulated under the act. 310 CMR 10.02 (2) (b) Any activity OTHER THAN MINOR ACTIVITIES IDENTIFIED IN 310 CMR 10.58 (6) (b) proposed or undertaken within 100 feet of an area specified in 310 CMR 10.02(1) (a) (hereinafter called the Buffer Zone) which, in the judement of the issuing authority, will alter an Area Subject to Protection under M.G.L. c. 131, § 40 is subject to regulation under M.G.L. c. 131, § 40 and requires the filing of a Notice of Intent. . . Minor activities within the buffer zone meeting the requirements of 310 CMR 10.58(6) (b) are not subject to regulation under M.G.L. c. 131, § 40 The other is the above-refrenced section in the wetlands protection act. 310 CMR 10.58 (6) (b) Certain minor activities, provided the activity is not within any other resource area. . .7. Activities that are temporary in nature, have negligible impacts, and are necessary for planning and design purposes (e.g., installation of monitoring wells, exploratory borings, sediment sampling and surveying. ) The Wetlands Protection Act is online in its entirety at http://www.mass.gov/dep/brp/ww/files/310cmrlO.pdf What is definitely NOT exempt is the location where we have to cross a delineated area to install a boring. I will show you how we plan on attacking that. If there are any other concerns, please don't hesitate to call me. 1 t M' McKay, Alison From: Niles, Ryan [RNiles c@TRCSOLUTIONS.com] Sent: Monday, November 21, 2005 2:25 PM To: McKay, Alison Subject: wetlands protection act Alison, Scott pointed me directly to 2 sections of the Wetlands Protection Act: The first discusses the activities within wetland areas that are regulated under the act. 310 CMR 10.02 (2) (b) Any activity OTHER THAN MINOR ACTIVITIES IDENTIFIED IN 310 CMR 10.58 (6) (b) proposed or undertaken within 100 feet of an area specified in 310 CMR 10.02 (1) (a) (hereinafter called the Buffer Zone) which, in the judement of the issuing authority, will alter an Area Subject to Protection under M.G.L. c. 131, § 40 is subject to regulation under M.G.L. c. 131, § 40 and requires the filing of a Notice of Intent. . . Minor activities within the buffer zone meeting the M.G.L. c. uof 30 CMR 10.58 6 b are not subject to regulation under . 11331, § 440 The other is the above-refrenced section in the wetlands protection act. 310 CMR 10.58 (6) (b) Certain minor activities, provided the activity is of within any other resource area. . .7. Activities that are temporary in nature, have negligible impacts, and are necessary for planning and design purposes (e.g. , installation of monitoring wells, exploratory borings, sediment sampling and surveying. ) The Wetlands Protection Act is online in its entirety at http://www.mass.gov/dep/brp/ww/files/310cmrlO.pdf What is definitely NOT exempt is the location where we have to cross a delineated area to install a boring. I will show you how we plan on attacking that. If there are any other concerns, please don't hesitate to call me. Thanks, Ryan Niles TRC Environmental 978 656 3629 i McKay, Alison From: Niles, Ryan [RNiles r@TRCSOLUTIONS.com] Sent: Wednesday, November 30, 20051:17 PM To: McKay,Alison Cc: amacintosh c@mvpc.org; ekeller@ozzyproperties.com Subject: TRC field activities for Former Lucent Property Letter to N. lucent-site.pdf Andover.pdf Alison, Please find electronic copies of our letter and site figure attached regarding TRC's proposed field activities at the 1600 Osgood St. property. Hard copies will go out with today's mail. TRC will commence on-Site activities pending receipt of written approval from the town. I have copied Ellen Keller of Ozzy Properties and Alan Macintosh of the Merrimack Valley Planning Commission on this message. Thanks for your continued assistance with this matter. Ryan Niles TRC Environmental 978 656 3629 <<Letter to N. Andover.pdf» <<lucent site.pdf» 1 J QW CK 6 Cry Va.0 Wig I,--k';uL=lzuvav Li'��•� DA`E " IME` /6- nQ/•7JlaG'/C ���/e A/7///!L" !9 PHONED FAX RETURNED PHbN E ❑MOBILE YOUR CALL AREA CODE NUMBER £ ENSION PLEASECALL MESSAGE ��� WILL LL AGAIN GAME TO SEE YOU WANTS TO SEE YOU SIGNED k-*?SS FORM 4002 McKay, Alison From: Niles, Ryan [RNiles@TRCSOLUTIONS.com] Sent: Monday, November 14, 2005 11:17 AM To: McKay,Alison Cc: Callahan,JJ Subject: 1600 Osgood St. Site walk Allison, I just wanted to send you a quick note to confirm our site visit next Monday at 8:30 and also to open the lines of email communication so that you can email me with any questions or concerns that may come up. I have copied JJ Callahan on this message. He is the project manager and can be contacted any time if I'm unavailable. Thanks, Ryan Niles TRC Environmental 978 656 3629 857- 3�9— a7255 i McKay, Alison From: McKay,Alison Sent: Monday, November 14, 200511:34 AM To: Merrill, Pamela Subject: Site inspection scheduled for next Monday the 21st c@ 8:00 a.m. Hi Pam, I can't believe how many last minute projects everyone wants us to approve before the holiday. It's insane. I get a call and I ask the question of the day"when would you like to start work"and they respond with"tomorrow"or"as soon as possible" of coarse. Anyway, I had a call this morning from Ryan Niels?of TRC looking to do a total of 11 soil borings, 8 or 9 of which will be converted into shallow monitoring wells at the Lucent facility(1600 Osgood Street). This testing is part of the Brownfields project with the Merrimack Valley Planning (MVP) Commission. He said that work will be in the buffer zone (although exact proximity to the resource areas was not discussed) and that they would have to cross a wet area? He said they wanted to start work tomorrow, but I told him that we would need to conduct a site visit and have something in writing for them at the very least before any work could start. He understood. I need you to take on this project for me. I know you are out on Thursday and Friday and we are both trying to get our meeting stuff done for Wednesday, so I have scheduled a site inspection 1st thing on Monday morning at 8:30 a.m at the second employee entrance near the soccar fields. I want both of us to be there and then I need you to write up an EO/or letter of conditions that need to be met before, during, and after work. I told him we could get him something before the holiday. I am out that Wednesday, so if you could have a complete draft of conditions ready for my review by 3 p.m. on Tuesday,that would be great. Let me know if Monday morning does not work for you or if you have further questions in this regard. Thanks Pam. Alison i .y r- Y McKay, Alison From: Niles, Ryan [RNiles@TRCSOLUTIONS.com] Sent: Friday, November 18, 2005 9:50 AM To: McKay,Alison Subject: 1600 Osgood St. site walk Monday Alison, We're all set for Monday morning at 8:30 to walk the 1600 Osgood St. property. Since I am a geologist, I will be bringing Scott Heim with me. He is a wetland scientist with around 20 years of experience. Very nice guy, and very knowledgable. Will you have a copy of the recent wetland map that was made for the property? Ryan 1