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Home My WebLink AboutNotice of Noncompliance - Correspondence - 1010 JOHNSON STREET 7/14/2021 �wTTLED say' • North Andover Health Department Community and Economic Development Division NORTH ANDOVER HEALTH DEPARTMENT NOTICE OF NONCOMPLIANCE July 14,2021 Dean Dynan 2 Suntaug Street Lynnfield, MA 01940 RE: ORDER TO BRING CONSTRUCTION INTO COMPLIANCE Final Construction Inspection-1010 Johnson Street, North Andover, MA Issued in accordance with 310 Code of Massachusetts Regulations (CMR) 15.000 Dean Dynan: Pursuant to 310 CMR 15.255(3), on July 6,2021 staff from the North Andover Health Department and Mill River Consulting performed a Final Construction Inspection on the septic system being installed by you at 1010 Johnson Street, North Andover, MA. During part of the inspection, three areas around the system were dug into and the septic sand that was used was inspected to check its composition and quality. Concerns arose due to amount of staining and the amount of fine particles observed. The North Andover Health Inspector and the Engineer from Mill River Consulting are both DEP Certified Soil Evaluators and it was determined at that time to send the sand in question out for mechanical analysis. On July, 9, 2021 staff from the North Andover Health Department delivered a sample of the sand obtained from the septic system being constructed at the aforementioned address to Yankee Engineering &Testing, Inc. in Worcester,MA. On July 13,2021 Yankee Engineering &Testing, Inc. sent the results of the sieve analysis which showed that the sand on site did not meet Title 5 requirements in accordance with 310 CMR 15.255(3). The sieve analysis (copy attached) determined that the sand used to construct this system slightly exceeded the #100 Sieve Size and significantly exceeded the #200 Sieve Size. Page 1 of 2 North Andover Health Department 120 Main Street North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 June 14, 2021 (cont'd) As determined onsite by visual inspection by the North Andover Health Department and confirmed by the sieve analysis performed by Yankee Engineering & Testing, Inc. the sand installed within the septic system located at 1010 Johnson Street does not meet 310 CMR 15.255(3). Pursuant to 310 CMR 15.025(4) as the licensed septic installer on the permit of record for this septic installation,you are hereby ORDERED to bring the construction into compliance by removing all the sand installed for this septic system within seven (7) days from receipt of this letter. Please be advised that each day's failure to comply with this order shall constitute a separate offense and may result in penalties, 310 CMR 15.026(6). Any person aggrieved by such order may appeal to any court of competent jurisdiction as provided for by the laws of the Commonwealth in accordance with 310 CMR 15.026(1). Please note that the dwelling located on this property and served by this septic system is inhabited so the North Andover Health Department considers this in an imminent threat to public health and the environment and may require any other action it deems necessary in accordance with 310 CMR 15.026(3) during the pendency of a hearing on the order. Once all the sand is removed, please schedule another bed bottom inspection at your earliest convenience. This inspection must be performed prior to any additional sand being replaced at this location. Please feel free to call the Health Department with any comments, questions or concerns at the number listed below. Sincerely, Man J. L Grasse, North Andover Director of Public Health Delivered Via: Certified Mail # Regular First Class Mail Email-Uploaded to Viewpoint Permit CC: Homeowner, 1010 Johnson Street, North Andover, MA 01845 James Kavanaugh, Engineer Stephen Casey, North Andover Health Inspector Mill River Consulting BOH File Suzanne Egan,Town Counsel Page 2 of 2 North Andover Health Department 120 Main Street North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 ankcc Engineering a Tcstng, Inc. July 13, 2021 Mr. Stephen Casey Jr. Town of North Andover 120 main Street North Andover, MA 01845 RE: MA.310 CMR Septic Fill (Title 5) Soil Gradation Analyses 1010 Johnson St—Title V Septic Sand North Andover,Massachusetts Project # 2021-59 Dear Mr. Casey: Presented herein are the results from one (1) gradation analyses, performed on a sample (L-30241A) of proposed "Title 5" Septic soil, submitted July 9, 2021 and stated to represent the above source. The sample, weighing about 5 lb., was tested in accordance with ASTM D-422 washed sieve methods, yielding the following summarized results: L-30241A: 1010 Johnson St.N. Andover—Title 5 Septic Fill Soil USCS Soil Classification = SP-SM: brown f/m sand trace silt trace gravel Sieve Percent MA 310 CMR Septic(Title V)Soil Sieve Total Sand Size Passing Gradation Limits(%Passing) Size %Pass %Pass 2" 100 100%By Weight of Total Sample 2" 100 100 1" 100 no gradation limits 3/4" 100 100 1/2" 100 no gradation limits #4 96 100 #4 96 1 55%-100%By Wt.of Total Sample #8 92 96 #16 86 90 #30 74 77 #50 52 10%-100%By Wt.of Sand Fraction # 050 52 #100 20.2* 0%-20% By Wt.of Sand Fraction # 19.4 20.2* #200 8.5* 0%-5% By Wt.of Sand Fraction dr:#2!0:0: 8.1 1 8.5* As can be seen above, and on the attached "sand fraction" (100% < #4) gradation curve, the submitted sample did NOT satisfy the MA. State gradation requirements(listed above) for"Title V"septic fill soil as it was too fine(too silty) on#100 and#200 sieves. Should you need additional information, or require further soil testing services,please do not hesitate to contact me at our Worcester office. Regards, colt M. Mensen, P.E., P.G. Director of Testing Services 10 Mason Street Worcester Massachusetts 01609 Tel(508)831-7404 Fax(508)831-7388 CONSTRUCTION INSPECTION&MATERIALS TESTING www.yankeeengineering.com Particle Size Distribution Report C = O O O O O O O O O VC) 100 MA Title V(septic)Sand Fraction I I I I I I I I I I I I I I 90 I I I I I I I I so I \ I I I I I I I I \ I I I I I I I I I I I I I \ I I I1 I I I �o I I I I I I I I \ I I1 I I I z 60 I I I I \\ I I z 50 1 I I 1 1 1 I I U 40 I I I 30 I I I I I I I I I \ I I I 20 I I I I I I I I I I\\ I I I I 10 I I I I I I I I I I I I I I I I I I I I I I I I I I 0 100 10 1 0.1 0.01 0.001 GRAIN SIZE - mm. %+3" %Gravel %Sand %Silt %Clay 0.0 0.0 91.5 8.5 SIEVE PERCENT SPEC.' PASS? Material Description SIZE FINER PERCENT (X=NO) Brown f/m sand trace silt trace gravel #4 100.0 100.0 Shown results exclude 4%gravel(no stone>3/4") #8 96.2 #16 90.0 #30 76.7 Atterberg Limits #50 51.8 10.0- 100.0 PL= NP LL= NV P1= NP #100 20.2 0.0-20.0 X Coefficients #200 8.5 0.0-5.0 X D85= 0.8662 D60= 0.3633 D50= 0.2890 D30= 0.1914 D15= 0.1237 D10= 0.0885 CU= 4.10 Cc= 1.14 Classification USCS= SP-SM AASHTO= A-3 Remarks Sample submitted by client on 07/09/21 Close to MA Title V Septic Sand Fraction gradation limits See letter dated 07/13/21 for additional information MA Title V(septic)Sand Fraction Sample No.: L-30241A Source of Sample: 1010 Johnson St-N.Andover MA Date: 07/12/21 Location: Proposed Title V Septic Soil(sand fraction) Elev./Depth: submitted YANKEE ENGINEERING Client: Town of North Andover Project: Town of North Andover j Various Projects/Sites & TESTING, INC. Project No: 2021-59 Tested By: RIM Checked By: SMM