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Home My WebLink About2011A 150 North Main Street Mansfield, MA 02048 (508) 339-373 1 (508) 339-3733 (FAX) e-mail-rimenginecring@verizon.net February 2, 2011 Mansfield Board of Health Mr. Scott Leite, Health Agent 6 Park Row Mansfield, MA 02048 Dear Scott and Board of Health Members; DRAINAGE STUDIES -PERCOLATION TESTS -SEWAGE DISPOSAL PLANS-TOPOGRAPHICALSURVEYS- WETLANDFILINGS-LAND COURT SURVEYS - SITE PLANS-RESIDENTIALANDUSTRIAL SUBDIV. g I� � ,$4 i i Enclosed are 2 plans and a portion of Title 5 (310 CMR 15.214-15.216). The proposed subdivision incompases a portion of "The Green Tree Acres" site and a portion of the land owned by Thomas P. Walsh. The conventional layout showing 60,000 plus square foot lots was prepared to determine the number of conventional lots that could fit on the site. The cluster layout is the one intended for permitting and construction. These plans were prepared for discussion purposes and are subject to modification. Since the site is in a Zone 2, Nitrogen Sensitive Area, Title 5, 310CMR 15.214 requires that a lot be one acre (43,560 s.f) to receive 440 g.p.d. (4 bedroom house). an alternate to this requirement is allowed by 310 CMR 15.216. This method takes the total land area, including the common open space to determine nitrogen loading. In order to use the aggregate method it appears that I need approval from both the Mansfield Board of Health and D.E.P. Final Definative plans and a nitrogen study will eventually be needed before you make a final determination, but we would like to know if your board could approve the aggregate method. The advantages to the Cluster Subdivision over the Conventional are: 1. Much less road and pavement. 2. A permanent open space area will be created. 3. Since the ground water flow direction is west to the river and south to the town well, all the effluent from subsurface sewage and drainage recharge passes through the common open space area. Sincerely, W 9 Ralph I. Maloon, P.E. RIM/dl Encl. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.213: continued (b) there is no increase in design flow from such building or buildings; (c) no connection to a public sewer or shared system is available; (d) the owner or applicant cannot site the system elsewhere; (e) the septic tank or humus/composting toilet is sited outside of the velocity zone or regulatory floodway, either horizontally or vertically; (f) the system achieves required separation from high groundwater elevation required by 310 CMR 15.212; and (g) any portion of the soil absorption system that is within the velocity zone or regulatory floodway is a leaching bed or trench system or any other system constructed in accordance with the Wetlands Protection Act and 310 CMR 10.00, 15.214: Nitrogen Loading Limitations (1) No system serving new construction in Nitrogen Sensitive Areas designated in 310 CMR 15.215 shall be designed to receive or shall receive more than 440 gallons of design flow per day per acre except asset forth at 310 CMR 15.216 (aggregate flows) or 15.217 (enhanced nitrogen removal). (2) No system saving new construction in areas where the use of both on -site systems and drinking water supply wells is proposed to serve the facility shall be designed to receive orshall receive more than 440 gallons of design flow per day per acre from residential uses except as set forth at 310 CMR 15.216 (aggregate flows) or 15.217 (enhanced nitrogen removal). (3) It shall be the duty of the owner of the system or proposed system to ascertain whether or not the facility to be constructed will be in a nitrogen sensitive area. The Department will prepare and make available at locations generally accessible to the public maps portraying designated nitrogen sensitive areas within the Commonwealth. 15.215: Designation of Nitrogen Sensitive Areas The following areas have been determined by the Department to be particularly sensitive to the discharge of pollutants from on -site sewage disposal systems and are therefore designated nitrogen sensitive. The necessity of providing increased treatment of pollutants and reduction in nutrients discharged from on -site sewage disposal systems, including nitrogen, nitrogen as nitrate, phosphorous and pathogens in these areas warrants the imposition of the loading restrictions set forth in 310 CMR 15.214. (1) Interim Wellhead Protection Areas and Department approved Zone Its of public water supplies; (2) Nitrogen sensitive embayments or other areas which are designated as nitrogen sensitive for purposes of 310 CMR 15.000 shall be mapped based on scientific evaluations of the affected water body and adopted through parallel public processes pursuant to both 310 CMR 15.000 and in the Massachusetts Water Quality Standards - 314 CMR 4.00. 15.216: Aggregate Determinations of Flows and Nitrogen Loadings (1) The 440 gallons per day per acre nitrogen loading limitation imposed by 310 CMR 15.214 maybe calculated in the aggregate by using nitrogen credit land in accordance with a Department approved Facility Aggregation Plan or Community Aggregation Plan. Applicants proposing systems to be located within a community or region covered by a Community Aggregation Plan approved by the Department shall calculate aggregate determinations of flows and nitrogen loadings in accordance with the Plan and the Department's "Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading." All other applicants seeking aggregate determination of flows and nitrogen loading shall prepare a Facility Aggregation Plan in accordance with 310 CMR 15.216 and the Department's "Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading." 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.216: continued (2) To qualify as Nitrogen Credit Land, the land must: (a) be within the same Nitrogen Sensitive Area as the facility if the facility is in a Nitrogen Sensitive Area; (b) be within the same subdivision in an area where the use of both on -site systems and drinking water wells are proposed to serve the facility; (c) not have any manmade sources of nitrogen, including, but not limited to, wastewater discharges and nitrogen based fertilizer located thereon; (d) not be used for raising, breeding or keeping of animals; (e) be pervious; (f) be outside of Zone As, Velocity Zones and Regulatory Floodways; (g) not be covered by any surface water body including, but not limited to, a river, stream, lake, pond, or ocean; (h) already not currently designated as nitrogen credit land; and (i) meet the criteria set forth in the Department's "Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading." (3) Land located within a Zone I of a public water supply well may be used as nitrogen credit land unless the well is determined to be at risk in accordance with the Department's "Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading" or the proposed design flow is 2,000 gallons per day or greater. (4) Community Aggregation Plans. (a) A city or town may seek Department approval for aggregate determination of flows and nitrogen loading across a region wide area such as, but not limited to, a Zone II of a public water supply well. Department approval of a Community Aggregation Plan may authorize the local Approving Authority to approve site specific facility aggregation plans in accordance with the approved Community Aggregation Plan. (b) The Department may approve a Community Aggregation Plan provided that the following conditions are met: 1. the local Approving Authority has approved the Plan; 2. the Plan contains a mechanism to protect surface and groundwater supplies within the community or region from pollutant and nitrogen loading and a proposed mechanism for implementing the Plan; 3. the Plan meets the criteria in the Department's "Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading;" 4. for areas that include a Zone 11, the Plan includes a nitrate loading analysis and nitrate management plan as specified in 310 CMR 22.21(2)(d); and 5. any other conditions that the Department deems appropriate. (5) Facility Aggregation Plans. (a) The local Approving Authority and the Department may approve a Facility Aggregation Plan provided that the following conditions are met: 1. the proposed facility meets the criteria in the Department's "Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading'; 2, the design flow of 440 gallons per day per acre equivalency across the facility and other land areas for which nitrogen credit is sought, but not necessarily on every individual acre, will be met through recorded land use restrictions that restrict nitrogen loading on facility land and nitrogen credit land. These land use restrictions must be substantially identical to those contained in the Department's "Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading," run in perpetuity, be approved by the respective land owners, run to the benefit of the municipality acting by and through the local Approving Authority and, in the case ofnitrogen credit land, also ran to the benefit ofthe facility land. The applicant shall record or register such restrictions and easements in the appropriate Registry of Deeds or Land Registration Office within 30 days of approval of the plan by the Department or the expiration of the Department's 60 day constructive approval period, pursuant to 310 CMR 15.216(5)(b), whichever occurs first; and 3. any other conditions that the Department deems appropriate. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 15.216: continued (b) A Facility Aggregation Plan shall be deemed to be approved by the Department if, within 60 days from a determination of administrative completeness, the Department has not, in writing: 1. requested additional information from the applicant which may include, but is not limited to, additional measures the Department deems appropriate to protect public health, safety, welfare or the environment; or 2. granted a written approval, which may include any conditions the Department deems appropriate to protect public health, safety, welfare or the environment; or 3. denied approval. In the event the Department requests additional information from the applicant, a new 60 day constructive approval period shall commence upon receipt of the additional information. 15.217: Systems with Enhanced Nitrogen Removal (1) The nitrogen loading limitations established in 3 10 CMR 15.214 shall not apply to discharge of an effluent meeting the federal Safe Drinking Water Act nitrate standard of 10 ppm through either an approved alternative system or atreatment works with a groundwater discharge permit issued pursuant to 314 CMR 5.00 and 6.00 (groundwater discharge program). (2) An increase in calculated allowable nutrient loading per acre may be allowed with the use of a technology approved for enhanced nutrient removal pursuant to either the piloting, provisional or general use certification provisions in 310 CMR 15.281 through 15.288 as illustrated by the following example: Recirculating Sand Filter 550 gpd/acre In the event that the Department determines that a system approved for enhanced nutrient removal using a technology approved by the Department on a piloting or provisional basis pursuant to 310 CMR 15.285 and 15.286 respectively is not performing in accordance with the Department's approval, the Department may require the system owner to instead use an enhanced nutrient removal technology that has been certified for general use by the Department. The increased design flow allowed reflects the nutrient removal performance of the approved technology compared to a standard system otherwise described in 310 CMR 15.100 through 15.293. A system receiving a design flow credit for enhanced nutrient removal pursuant to 310 CMR 15.217 must still comply with the requirements of 310 CMR 15.100 through 15.293 with respect to system siting and design; the credit does not affect any other siting or design requirement. 15.220: Preparation of Plans and Specifications The plans and specifications for every on -site system shall be prepared as follows: (1) Every system shall be designed by a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian provided that such Sanitarian shall not design a system to discharge more than 2,000 gallons per day pursuant to 310 CMR 15.203. Any other agent of the owner may prepare plans for the repair of a system designed to discharge not more than 2,000 gallons per day pursuant to 310 CMR 15.203 provided they are reviewed by a Massachusetts Registered Sanitarian or Massachusetts Registered Professional Engineer and approved by the Approving Authority; (2) Every plan submitted for approval must be dated and bear the stamp and signature of the designer. At least one copy submitted shall bear the original stamp and signature of the designer. (3) Every plan for a new system or plan for the upgrade or expansion of an existing system which requires a variance to a property line setback distance, must also reference a plan which bears the stamp and signature of a Massachusetts Licensed Land Surveyor in accordance with M.G.L. c. 112, § 811);