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HomeMy WebLinkAbout04 24 19 NACC Meeting Minutes Page 1 of 12 North Andover Conservation Commission Meeting Minutes April 24, 2019 Members Present: Louis A Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Deborah A. Feltovic and Douglas W. Saal Members Absent: Sean F. McDonough and John T. Mabon Staff Members Present: Jennifer A. Hughes, Conservation Administrator and Benjamin Curell, Field Inspector Meeting came to Order at: 7:08 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of the April 10, 2019 as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 4-0 Unanimous. Small Project NACC #230, 129 Carlton Lane (Schmidt)  The Administrator states a site visit was conducted by Commissioner Manzi and herself to review items submitted by a neighbor at a prior meeting. Per the historic aerials the activities pre date the bylaw in 1987. Planting suggestions along the stream were made to improve the conditions on site. A revised planting plan and narrative were submitted for review.  Mr. Lynch confirms the fence will be at least 6” off the ground to allow for wildlife movement.  The Commission discusses the historic uses and aerials.  Mrs. Feltovic would like to know if the plants will be required to be planted by a specific date.  The Administrator recommends planting in the Spring or Fall.  Mr. Schmidt states he plans to plant this Spring.  Mr. Manzi states the plantings will allow distance between activities and the resource area and are a give back.  A motion to accept this as a Small Project H & G is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0 Unanimous.  A motion to approve the Small Project as proposed (planting, fence 6” off the ground and post construction inspection) is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0 Unanimous. Documents  Fence Plan Addendum  Email from JBoyle@andoverhealthcare.com, dated April 24, 2019  Letter from Bill Schmidt, dated April 10, 2019  Letter from Bronwyn Boyle, dated April 11, 2019 NACC #232, 315 South Bradford Street (Smolak)  The Administrator presents photos to the Commission.  Michael Smolak presents the proposal to the Commission.  7:17 p.m., Mr. Napoli enters the meeting room. 04 24 19 NACC Meeting Minutes Page 2 of 12  The Administrator states the activity is outside the 50-foot No-Build Zone. The proposal is slightly larger than the allowed 300 s.f. (340-350 s.f.). This requires the project to be permitted as Small Project “L” vs. “F”. Erosion controls are to be installed between the work and the resource area.  The Commission discusses the proposed materials for the patio construction.  No abutters are present.  A motion to accept this as a Small Project L is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0 Unanimous.  A motion to approve the Small Project as proposed (permeable materials, erosion controls, and post construction inspection) is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  Small Project Application w/Supporting Documents, dated April 11, 2019 NACC #233, 150 Old Farm Road (Halloran)  The Administrator presents the proposal. She would like to know the size of the proposed addition.  John Halloran, the homeowner states the proposed addition will be approximately 3 ½’ cantilevered addition.  A motion to accept this as a Small Project A is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 5-0 Unanimous.  A motion to approve the Small Project as proposed (post construction inspection and wetland markers) is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  Small Project Application w/Supporting Documents, dated April 17, 2019 NACC #234, 542 Salem Street (York/Daniels)  The Administrator presents the proposal to the Commission.  Mr. York, the homeowner states the garden boxes will be used for garden vegetables.  Mr. Lynch states the proper materials were used to construct the garden boxes and cautions the applicant about the use of pesticides and fertilizers.  Mr. York states they don’t intend to use any pesticides.  The Commission discusses composting.  A motion to accept this as a Small Project G is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0 Unanimous.  A motion to approve the Small Project as proposed (compost location and wetland markers) is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  Small Project Application w/Supporting Documents, dated April 17, 2019 NACC #235, Foster Farm (Munroe)  The Administrator presents the proposal to Commission along with additional materials. The site was walked with Commissioner Manzi and Glenn from FONAT. No response has been received from FONAT if they are in favor of the proposal. She feels the (black) trail would be a nice addition to the trail. The (pink) trail is close to the resource area and has erosion potential.  Mr. Tyler Munroe states he’s been maintaining and riding the trails in the area for 10+ years. He admits he may have gone too close to the resource area. He states the (pink) trail is a historic 04 24 19 NACC Meeting Minutes Page 3 of 12 (cow) trail that used to be maintained. He proposes placing wood chips and logs to prevent any erosion. The (black) trail is a natural wildlife trail that he proposes to maintain with mowing.  Mr. Lynch states this is a great volunteer effort however the applicant should have consulted with FONAT prior to any clearing of materials.  Mr. Manzi states he spoke with Steve Young who confirmed the (pink) trail is a historic cow trail when the farm was known as Rocky Knoll Farm. He suggests monitoring of the (pink) trail in case any adjustments need to be made to prevent soil migration.  Mr. Napoli agrees with Commissioner Manzi and proposes coordinating with FONAT. He states in the future the applicant should be sure to follow procedure.  The Administrator expresses her concerns that the end of the trail has been blocked. She would like an opening to access the field.  Mrs. Feltovic would like to know if the (pink) trail will be named and placed in the FONAT Trail Guide.  The Administrator states not all trails are named. The trail would be marked in the guide book and trail markers placed.  Mr. Saal suggests waiting to hear from FONAT before voting.  Mr. Manzi states there has been a lot of ongoing maintenance on the property.  Mr. Lynch states he feels it’s important to support FONAT. He doesn't have any issues with the project but with the process in which it was done. He states FONAT is a recognized organization through the town.  The Administrator states the Commission will be approving the proposal as a Small Project as well as CCC of the Conservation Commission.  Mr. Lynch would like to wait for a response from FONAT.  Mr. Napoli states this is Conservation property and suggests voting on the proposal tonight.  A motion to accept this as a Small Project E & L is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 4-1, Opposed - Mr. Lynch.  A motion to approve the Small Project as proposed (new spur will be monitored by staff and reviewed if necessary, trail markers placed and field access created) is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 4-1, Opposed - Mr. Lynch.  A motion to authorize the activity under the Care Custody and Control of the NACC is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 4-1, Opposed - Mr. Lynch. Documents  Small Project Application w/Supporting Documents, dated April 22, 2019 NACC #93, Rolling Ridge - Renewal  The Administrator states the annual report regarding farming activities was received. This will be the applicants 5th renewal of the Small Project permit.  Emily Strong, Fran Fink and Lawrence Jay are present. Ms. Strong states they have added 19 fruit trees and 14 blueberry bushes within the approved area. The deer fencing was extended approximately 70-feet at the end of the last years growing season.  Mr. Lynch questions if there are any changes proposed.  Ms. Strong states they reached out to the Administrator last year with a request to use neem oil for insect control. They expect to use neem oil again this year.  The Administrator states she spoke with the Planning Board and Water Department and neither opposed to use of neem oil.  A motion to renew the Small Project for 1 year is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents 04 24 19 NACC Meeting Minutes Page 4 of 12  End of Season Report, dated March 2019 Request for Determination of Applicability 116 Marbleridge Road (Holland)  The Administrator states this is a filing for an after the fact patio.  Andrew Holland the property owner presents the proposal to the Commission.  The Administrator states the applicant submitted an alternative analysis regarding the patio location. The property already incurred into the 50-foot No-Build Zone and the patio will not cause any further harm to the resource area. There is a field stone wall up gradient from the 25- foot No-Disturbance Zone.  Mr. Lynch states the field stone wall creates a barrier to the resource area. The project meets the alternative analysis requirements.  A motion to grant a waiver of the 50-foot No Build Zone is made by Mrs. Feltovic, seconded by Mr. Manzi.  A motion to issue a Negative Determination #3 as recommended is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0 Unanimous. Documents  RDA Application Checklist  RDA Supporting Documents  WPA Form-1 Request for Determination of Applicability  RDA Plans 1101 Turnpike Street (National Grid)  The Administrator states the proposal is for remediation of hazardous soils from the buffer zone.  Mike Toohill, Coneco Engineers & Scientists presents the proposal on behalf of the applicant. Approximately 330 cubic yards of contaminated materials will be removed from the area. The material will be trucked off site and disposed properly. The proposal includes the placement of BMPs.  Mr. Lynch would like to know what the greatest depth of the grid area is.  Mr. Toohill states the deepest point is approximately 4-5’. The area is 7500 s.f. and the depth varies across the area.  Mr. Lynch confirms any erosion potential would be back toward the cut. He would like to know where the truck access point and truck loading area will be. He would like to know if there will be stocking piling and if there are any catch basins in the parking area.  Mr. Toohill states access and loading will be off the upper parking lot. The truck will be bucket loaded up to the trucks on the paved surface. If there is any stockpiling the location will be in the parking area. The materials will need to be placed on poly sheeting and covered. The stockpiled material can only stay for one day. There are no catch basins in the parking area.  Mr. Napoli would like to know what material they plan to use to replace the contaminated material.  Mr. Toohill states they will replace all the contaminated material with clean fill with a ¾” crushed stone surface.  Mr. Lynch states the Commission would like to know the source of the clean fill.  Mr. Napoli states they would like know what material will be used prior to it being dumped.  The Administrator states the clean fill must be natural materials.  A motion to issue a Negative Determination #3 as recommended (erosion controls, pre- construction information regarding the fill and top dressing with pre and post construction inspections) is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents 04 24 19 NACC Meeting Minutes Page 5 of 12  BMP Map w/Wetland Delineation prepared by Coneco Engineers & Scientists  Compiled RDA Application, dated April 11, 2019 prepared by Coneco Engineers & Scientists  Certificates of Mailing  Certified Abutters List, dated March 29, 2019 40 Ridge Way (Chicoyne)  The Administrator states the proposal is for an addition and patio. The wetland line was reviewed and several changes made. The changes are not reflected on the current plans, revised plans will be needed. Some violations have occurred including land clearing and installation of a shed in the 25-foot No-Disturbance Zone.  Dennis Griecci, Andover Consultants, Inc. presents the proposal on behalf of the applicant. The property was delineated by Norse Environmental in January 2019. The plans will be revised to reflect the new flag locations. The applicant is agreeable to move the shed outside the 50-foot No- Disturbance Zone.  Mr. Lynch states his concerns that the existing conditions plan does not show the shed.  Mr. Manzi agrees the plans are not complete.  Mr. Napoli states the Commission will not act on another permit without remediation of the violation. He requests the revised plan to include a stockpile location.  The Administrator states the revised plans should include the revised wetland line, existing outline of the shed, proposed shed location, tree line variation and a stockpile location. She suggests considering monumentation of the resource area.  A motion to continue until May 8, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0 Unanimous. Documents  Complied RDA Application, dated April 10, 2019 prepared by Andover Consultants Inc.  Site Plan, dated April 4, 2019 prepared by Andover Consultants Inc. Notice of Intent (NOI) 242-1745, 350 Winthrop Avenue (RDM, Inc.)  The Administrator states the materials were submitted late yesterday and she was unable to thoroughly review them. The project was scaled back to just a culvert replacement.  Peter Ellison, TEC, Inc. presents the proposal on behalf of the applicant. Rimmer Environmental has determined the stream is in better condition than originally thought and they do not recommend a large scale dredging. The revised proposal is only for a culvert replacement.  Mr. Lynch states the invert pipe is not visible and is curious if this restricts the flow across the street. He would like to know if the dredging is necessary or if it’s too difficult to secure the necessary permits.  Mr. Ellison states the top of the pipe is visible and the water does seem to be getting through. He believes it’s a combination of both of these factors.  The Administrator states the stream will remain a perennial stream that will daylight above ground prior to hitting the Shawsheen River. The shortening of the pipe will create additional Riverfront area.  The Administrator recommends new plantings along the stream bed along with monumentation (No Disturbance Zone & No Snow Stockpiling). She feels this is an improvement from the existing conditions.  The Commission discusses a water treatment area.  Mr. Ellison states it would be difficult to detain the water based on the flow.  Mr. Lynch states the proposed inlet has built up siltation because of lack of maintenance.  The Commission discusses the size of the embankment.  The Administrator states the siltation build up was due to the old snow plowing practices. 04 24 19 NACC Meeting Minutes Page 6 of 12  Mr. Lynch states his concerns with a new relocated open channel perennial stream that is adjacent to a known snow stockpiling area.  The Administrator states they can require the placement of BMPs outside of the perennial stream. She feels photos of the site would help to better understand the area.  Mr. Lynch states BMPs are an important part of the project.  Mr. Napoli expresses his disappointment that the swale isn’t being maintained. He suggests Mr. Ellison readdress this with his client. He feels the entire project should be done.  The Administrator states this portion of the swale is deep, has a positive flow and functions well. The sediment appears to be at the top end of the swale pipe. She suggests they may have more of an option to maintain the top end since it doesn’t become a perennial stream until the Den Rock portion enters the swale.  Mr. Lynch would like to see the pavement line on the plans.  Mr. Ellison states the location of the existing culvert is close to the corner of the gas station property line and talks about the project phases. He will speak with the applicant regarding maintenance of the intermittent stream portion and draft up a BMPs for the snow storage.  Mr. Lynch feels there are other opportunities that he plans to discuss with the Administrator.  A motion to continue until May 8, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0 Unanimous. Documents  Compiled NOI, dated April 17, 2019 prepared by TEC  NOI Cover Letter, dated April 22, 2019 prepared by TEC  Culvert Replacement Site Plan, dated April 14, 2019 242-1754, 326 Campbell Road (Welch)  The Administrator states the project was before the Commission previously as an ANRAD. At the time of the approval there was a second pond located partially on the property. The delineation was reviewed and one flag needs to be adjusted. The flag change does not change the proposal. The house has been proposed to be built outside of the 75-foot NBZ due to the fact that Natural Heritage identifies the pond to be a potential vernal pool. Norse Environmental does not believe the pond to be a vernal pool but has not provided any evidence to support this determination. The plan has been designed to meet the bigger sub zones except a small portion of the driveway.  Dennis Griecci, Andover Consultants, Inc. presents the proposal on behalf of the applicant. In the event the pond is confirmed to be a vernal or ephemeral pool the location of the house would not change. If the pond is found not to be a vernal pool the applicant may like to clear more of the yard area and possibly shift the deck to the back of the house.  Mr. Manzi would like to know what flag was moved and how far it was moved.  The Administrator states flag 2B was moved approximately 18-feet.  Mr. Manzi confirms the ponded areas are being treated as if they were certified pools.  Mr. Griecci states the design complies with the 50-foot NDZ and 75-foot NBZ.  Mr. Napoli confirms the back lot will not be developed as there is no access.  The Administrator states there is access but the lot does not have any buildable upland.  Mr. Napoli expresses his concerns that another party will try to develop the back lot.  The Administrator states it was noted in the ORAD that what was shown on the plan is all that was approved. It did state there were other wetlands that have not been delineated.  William Hickey, 328 Campbell Road states the plans indicate there is no well within 150-feet of the septic system. He states this is untrue, there is a well on his property. He would like to know if there is a setback requirement for a septic system from a well.  The Administrator states she believes the setback is 100-feet.  Mr. Lynch states the separation of the septic system from a well falls under the Board of Health.  Mr. Hickey states he feels the lot line was incorrectly marked and he plans to dispute this. 04 24 19 NACC Meeting Minutes Page 7 of 12  Mr. Manzi advises Mr. Hickey to have his property surveyed by a licensed surveyor to see if there is a disagreement.  Mr. Lynch states a surveyor can give him a recommendation on how to proceed. The Commission will make a decision based on a wetland perspective.  James Murphy, 60 Lyons Way states he’s noticed a stockpile of tires behind the pond. He would like to know if these will be removed.  The Administrator states she has not been behind the pond and that she will look into this. The investigation of the vernal pool needs to be done thoroughly.  Mr. Lynch states the vernal pool should be closed out prior to construction. He would like to know by the next meeting if the abutting property has a well.  Mr. Griecci states this is the correct time of year to verify if the pond is a vernal pool or not.  A motion to continue until May 8, 2019 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0 Unanimous. Documents  Complied NOI, dated March 28, 2019 prepared by Carolina Properties, LLC  Surface Sewage Disposal Plan sheet 1 of 2, dated March 28, 2019  Surface Sewage Disposal Plan sheet 2 of 2, dated March 28, 2019 242-1753, 247 Chickering Road (Enterprise Bank)  The applicant requested a continuance via email.  A motion to continue until May 8, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0 Unanimous. Documents  Email from drj@mhfdesign.com requesting a continuance until 5/8/2019 General Business 242-1697, Modification Request, 315 South Bradford Street  Michael Smolak the homeowner presents the modification to the Commission.  Mr. Lynch states he disagrees that rap functions the same as paving with regard to plowing and sweeping.  Mr. Napoli states grades change when rap is plowed.  Mr. Saal states rap will not let the water through.  The Commission discusses the project.  The Administrator states the proposed stormwater design will not work with rap.  Mr. Lynch states paving is the correct way to finish the project.  Mr. Napoli states the overall maintenance is less with pavement then it would be with rap.  A motion to continue until May 8, 2019 is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  Site Plan, dated December 2, 2016 prepared by Civil Design Group, LLC. 242-1464, COC Request, 350 Winthrop Avenue (Delta MB LLC)  The Administrator states this is a request for COC for an invalid OOC for work never done.  A motion to issue a Full and Final Certificate of Compliance is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  COC Request Letter w/Supporting Materials, dated April 22, 2019 prepared by TEC  WPA Form 8A - Request for Certificate of Compliance 04 24 19 NACC Meeting Minutes Page 8 of 12 242-1387, COC Request, 116 Marbleridge Road (Caruso)  The Administrator states an application for a COC was applied for a while ago. The project was waiting for plant monitoring prior to a COC being issued. The required plants have been completed, the area is heavily vegetated and the site is in compliance.  Alex Caruso, the developer is present for questions.  A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  WPA Form 8A - Request for Certificate of Compliance 242-1314, COC Request, 1600 Osgood Street (Goldstein)  Mr. Manzi recuses from the discussion due to a conflict of interest.  Mike Howard, Epsilon Associates Inc. presents on behalf of the applicant. A site visit with the Administrator was conducted on April 3rd. The as-built and certification letter were updated and signed by Marchionda & Associates. The stormwater system was inspected by Meridian Associates and maintenance of the system was conducted. The applicant has reissued an affidavit stating they will continue to mow the upland meadow bordering the wetland. 20 new updated wetland markers have been installed and all trash and debris cleaned up. Pictures of the headwall area are presented, the area was overgrown with vegetation and a fair amount of silt had built up. The sediment has been removed with a vac truck and the pipes re exposed.  Mr. Lynch would like to know where the sediment is coming from.  Mr. Howard states it could be a combination of things and that only a few of the catch basins needed cleaning. There was a small pipe that was completely buried and has been cleaned out.  The Administrator states the project was largely outside the buffer zone. There are some deviations in the elevation of the inverts and outlets of the drainage structures. A table of these structures and their inverts and outlets were on the proposed plans but not the as-built. She has reached out to Marchionda to see if they could provide this information but was unable to get very far with it today. She would like to know if the Commission would like the information as the system has been functioning for 14 years.  Mr. Lynch states it’s important the applicant continues to maintain the system and provide documentation to the Commission.  A motion to issue a full and final Certificate of Compliance is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 4-0 Unanimous, Recused; Mr. Manzi. Documents  Request Letter for COC, dated April 12, 2019 prepared by Epsilon  WPA Form 8A - Request for Certificate of Compliance  Certification Letter, dated April 9, 2019 prepared by Marchionda & Associates  As-Built Plan, dated April 9, 2019 prepared by Marchionda & Associates  Maintenance & Inspection Letter, dated April 12, 2019  Affidavit, dated April 4, 2019 prepared by Ozzy Properties 242-0628, Partial COC Request, 66 Meadowood Road (Hruban)  The applicant requested a continuance via email.  A motion to continue until May 8, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0 Unanimous. Documents  Email from Merreng@aol.com requesting a continuance until 5/8/2019 04 24 19 NACC Meeting Minutes Page 9 of 12 Emergency Certification, Harold Parker State Forest  The Administrator states if they are unable to maintain the cleared culvert another Emergency Certification will not be issued unless it contains a flow device.  A motion to ratify the Emergency Certification is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  Harold Parker State Forest, Google Earth Image  Beaver Dam Breaching Procedures Document Enforcement Order/Violation 542 Salem Street (York)  The Administrator states they will release the Enforcement Order once the wetland markers are placed.  A motion to ratify the Enforcement Order as proposed is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0 Unanimous. Documents  Violation Letter, dated April 2, 2019 242-1692, 1210 Osgood Street (NRP Group, LLC.)  Mr. Napoli recuses from the discussion due to a conflict of interest, Mr. Manzi steps in as chair.  The Administrator states they will continue the discussion regarding the seepage area and testing analysis. They will also discuss a new dewatering violation. At this point the dewatering has been administratively approved. Any future dewatering activities need to be approved by the Commission.  Dan Brenner, The NRP Group LLC states the dewatering violation is a direct result of human error and that NRP Group LLC takes full responsibility. A trained full-time employee will be hired to monitor dewatering activities and the operation of frac tanks. They have implemented dewatering report logs to be filled out daily and reviewed by management. The Commission has been presented with a report from Sanborn Head with testing results regarding calcium carbonate seepage from the site and into the wetland. They have proposed a dual layered approach to address the sediment and improve conditions. This includes the installation of a temporary wellpoint to collect the calcite sediment before it reaches the wetlands and to treat it in the frac tanks. They have proposed to expedite their paving plan to make sure the site gets under a binder as soon as possible.  Joe Peznola, Hancock Associates states there were two separate items that lead up to the dewatering violation. Not enough residency time in the frac tank for the sediment to settle out and the filter bag hadn’t been monitored and changed frequently enough. The sediment was then discharged to the buffer zone for approximately 3-6 hours. They propose to clean the sediment out by hand which will be overseen by Williams & Sparages. A full time dedicated trained employee will be hired to deal with dewatering and frac tanks. They proposed to have dewatering reports filled out daily which will include dewatering hours, gallons of water treated and visual inspections every 15-20 minutes during the dewatering process. An enhanced dewatering plan shows the frac tanks and discharge location points. Hancock has been on site several times a week to inspect bed bottoms and the ongoing installation of the drainage systems. This will help to accelerate the paving of area and stabilization of the site. They are asking permission to restart the dewatering activities with the new plan in place.  Mr. Manzi expresses his lack of confidence in the dewatering operation. He is not convinced a full time employee is the complete solution to the issue. 04 24 19 NACC Meeting Minutes Page 10 of 12  Mr. Lynch would like to know what progress was made tracking down the abutting property owner and if the property line has been marked.  Mr. Brenner states 25 Commerce Way is managed and owned by an out of state company. Information has been exchanged with no objection with the testing or cleanup. The property line has been marked and the survey was provided as requested.  Mr. Lynch states he’s uncertain if a full time employee is the solution to the problem. He is satisfied with the measures they are implementing and feels this will remove any excuse for future violation.  Mr. Manzi confirms the Commission has required the Environmental Monitor to be on-site daily.  The Administrator states daily monitoring was occurring and the Environmental Monitor was the one who alerted them about this issue.  Mrs. Feltovic would like to know who will be training the individual responsible for the dewatering activities.  Mr. Peznola states they will engage the frac tank supplier to train the employee.  Mr. Lynch questions if they have the option to rent the tank or if they can rent the tank with an operator.  Brenden Gilmore, NRP Group states he does not believe this was an option offered to them.  Mr. Brenner states they have considered hiring a separate consultant to focus on dewatering of construction sites to provide the training. They will look into both of these options.  Mrs. Feltovic would like to know if there will be a backup hired and if the operation will occur 24/7.  Mr. Peznola states that the dewatering will not happen 24/7.  The Commission discusses frac tanks.  Mr. Manzi states they must ensure the frac tank has the capacity and ability to handle the discharge.  Mr. Lynch states the Commission will specify the turbidity unit at discharge.  The Administrator states they are discharging from turbid ponds and that they can do a baseline for the water they are receiving.  Mr. Brenner states the issue was due to operator error, not an undersized frac tank.  Mr. Manzi states they will require more than one operator and daily reports. The daily reports will be required to be sent to Conservation Staff and the Environmental Monitor. The water will be tested outside the bag.  The Commission discusses the erosion controls.  Vern Kokosa, Sanborn Head & Associates, Inc. describes the process of identifying the source of the sediment. The sediment is composed of calcium carbonate which has crystallized to form calcite. The chemical analysis has confirmed this to be calcium carbonate. He describes the microscopy analysis which is how the site groundwater becomes calcite. The microscopy and the laboratory testing both indicate the sediment didn’t get there from a washout or being transported overland and breaching the erosion controls. He states the sediment didn’t come from subsurface erosion. The proposed response plan is to install a collection sump on NRP property between the retaining wall and stone wall, the water will be pumped to a dedicated frac tank. The water will be pretreated to reduce the calcium carbonate and discharged to a third discharge point in the same wetland area. They propose to pave the site as soon as possible to reduce the infiltration of the water through the RCA fill. The response plan includes a staged, phased and sequenced paving plan which they intend to expedite.  Mr. Lynch would like to know if the wellpoint will draw the water down enough to prevent other seeps. He confirms the materials under the stormwater infiltrators has been removed and replaced with glacial till. He would like to know if there are any concerns the infiltrators will pick up the chemical and deposit it over time.  Mr. Kokosa states most of the water being produced and entering the wetland is coming from the seep at the most up gradient end. He believes the wellpoint will collect most of this water. Due to 04 24 19 NACC Meeting Minutes Page 11 of 12 the fact the materials were removed he does not believe there will be any issues with the infiltration systems.  Mr. Peznola confirms the bottom excavations have been done.  Mr. Kokosa states the final part of the restoration plan is the cleanup. They will go in on foot with hand tools, bag the material and remove it.  The Administrator states this is a massive amount of material and she does not feel the material can be hand excavated. She would like written acknowledgement from the two property owners that the work on their sites is permitted.  Mr. Lynch states they need to know how far the material has migrated and the impact is offsite.  Mr. Manzi confirms calcium carbonate is a result of the RCA that was used onsite and if the material found on the abutting properties is calcium carbonate. He would like to know if there is any other RCA that needs to be removed.  Mr. Kokosa states he cannot answer this question.  The Commission discusses the remaining RCA onsite.  Mr. Saal states if the RCA remains there will be an impact.  Mr. Lynch suggests a perimeter interceptor that will pump and treat perpetually.  Mr. Manzi feels leaving the concrete is burying the mistake. He states the material either needs to be completely dug out or they need to find a way to capture the material independent of the stormwater system.  Mr. Lynch states the water will be leaching laterally forever.  Mr. Saal would like to know what harm the material is to the resource area.  Mr. Kokosa states the calcium carbonate has very low toxicity. He states the developer would like to install the collection sump and see what changes occur. They will monitor the water quality to see the improvements over time.  Mr. Manzi would like to know what affect calcium carbonate has to a resource area.  The Commission discusses the long term affects the calcium carbonate might have on the Resource Area.  The Administrator states the RCG is still being used onsite outside of the buffer zone.  Mr. Manzi states the only immediate action that needs to be taken tonight is the dewatering aspect. All other aspects will be taken under advisement.  Mr. Manzi states the applicant is to identify the operator(s) and his/her credentials to run the frac tank. They are to provide a copy of the Training Plan the operator(s) received and identify the supervisor that will oversee the frac tank operator(s). They are to provide the number of frac tanks being operated onsite to the Commission. Daily reports are to be submitted to the Conservation Department and Environmental Monitor. A penalty (cease & desist w/daily fines) will ensue if the operating procedure is not followed.  Mr. Brenner requests they be allowed to resume the dewater activities tomorrow due to the predicted rainfall. They propose to hire a professional frac tank subcontractor responsible for the dewatering.  Mr. Manzi states the requested information must be provided to the Administrator prior to the cease and desist being lifted.  William Seuch, Goulston & Storrs states it will take time to find and train a professional frac tank operator.  A motion to amend the Enforcement Order as proposed is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0 Unanimous, Recused: Mr. Napoli.  Mr. Brenner requests permission to install the wellpoint to see what progress they can make. The sump will pump to a separate frac tank.  The Administrator states if it can improve the situation then it’s worth trying.  A motion to modify the Enforcement Order to allow the wellpoint and treatment on property is made by Mr. Lynch, seconded by Mrs. Feltovic. 04 24 19 NACC Meeting Minutes Page 12 of 12  Vote 4-0 Unanimous, Recused: Mr. Napoli.  A motion to continue until May 8, 2019 is made by Mr. Lynch, seconded by Mrs. Feltovic  Vote 4-0 Unanimous, Recused: Mr. Napoli. Documents  Response Action Plan, dated April 23, 2019  Sampling Report, dated April 23, 2019 prepared by Sanborn Head Adjournment  A motion to adjourn at 10:53 p.m. is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. 04 24 19 NACC Meeting Minutes