Document 85QO34qE2YMNOYBmkQKDMrEka
UNITED STATESUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 1
NVIRONMAGEENBCYOS5 TPOOSNT, OFMFAIC E0 S2Q1U0AR9E-, 3S9UI1T2E
100
PROTECTION
Drafted Date:5/25/2021
Finalized Date:6/3/2021
Subj:Inspection Report
Clean Water Act - National Pollutant Discharge Elimination
System (" NPDES ")
Isle of Skye Estates (115 Dayton St., LLC)
From:Stephanie Tougas, Enforcement Officer, U.S. EPA
Thru:Neil Handler, Senior Enforcement Coordinator, U.S. EPA
To:File
I. Facility Information
A. Facility Name:Isle of Skye Estates
B. Facility Location:105 Dayton St.
Danvers, MA 01923
C. Facility Contacts: John Thomson, Developer
115 Dayton St., LLC
7 Federal Street, Suite 17
Danvers, MA 01923
978-807-2800, Jmthomson64@me.com
Scott Cameron, Engineer
The Morin - Cameron Group, Inc.
25 Kenoza Ave
Haverhill, MA 01830
978-373-0310
D. NPDES ID No (s).: MAR1001HM
II. Background Information
A. Date(s) of inspection: May 24, 2021
B. Weather Conditions: 65 degrees F, Sunny
ED_019088A_00020765-00001
C. US EPA Representative(s):
Stephanie Tougas
Neil Handler
D. State / Local Representative(s):
None
E. Federally Enforceable Requirements Covered During the Inspection:
Construction Stormwater General Permit 2017
F. Previous Enforcement Actions:
None
III. Type and Purpose of Inspection
Evaluation of compliance with National Pollutant Discharge Elimination System General
Permit for Discharges from Construction Activities (CGP)
IV. Facility Description
Isle of Skye Estates is a subdivison located in Danvers, MA at 105 Dayton Street. The
entrance to the construction site is off Putnam Ave. The entrance road is Scotland Rd that
ends in a cul - de - sac. The subdivision consists of seven lots, each approx. 30,000 square
feet. The high point of the site is located along the northern border of the property (Lots
1, 3, and 5). The site then slopes downward as you head in a southerly direction towards
either Dayton Street or the Scotland Road entrance. At the time of construction, the site
had three homes almost completed, with four Lots having been clear cut but not
developed yet. The site is approximately 0.2 miles from Beaver Brook.
V. Inspection
Inspector Tougas announced the inspection to the facility on May 20, 2021 via a phone
call to Mr. Scott Cameron, the site engineer. Inspector Tougas then confirmed the
inspection, via email, to Mr. Cameron and Mr. Thomson, the site operator.
A. Opening Conference
Inspectors Tougas and Handler arrived at approximately 10AM. Mr. Cameron, his
colleague Annie Raferty, and Mr. Thomson arrived shortly after. Inspector Tougas and
Inspector Handler presented their credentials and handed Mr. Thomson the Small
Business Resources Information Sheet. Inspector Tougas explained that EPA had
received a complaint about the stormwater controls on site and that EPA was there to
inspect compliance with the Construction General Permit.
Mr. Cameron had the Stormwater Pollution Prevention Plan (SWPPP) with him on site,
so Inspectors Tougas and Handler briefly reviewed the document. Mr. Cameron showed
the inspectors the weekly inspection reports, as well as the site plans and a copy of the
2
ED_019088A_00020765-00002
notice of intent for CGP coverage (IMG_0466- IMG_0470). The SWPPP is not kept on
site, but the office in which it is kept is located close to the site.
Mr. Thomson explained that they broke ground in the summer of 2018. By the end of
2018, the road had been constructed. Mr. Thomson explained that he owns the road and
an easement 12 feet back from the road for the sidewalk. He said that each lot has been
sold and the property beyond the easement is the responsibility of the individual owners.
Mr. Thomson said each owner hires their own contractors to construct their home. Mr.
Thomson said that very soon his contractor was going to construct the sidewalk, but for
now he has put down crushed stone and seed.
EPA inspectors asked about the catch basins on site, to which Mr. Thomson explained
that all the catch basin on site drain to an underground retention / infiltration system that is
constructed near the back of Lots 2 and 4. Any excess stormwater that exceeds the
capacity of the retention system then discharges to the city's stormwater system located
on Dayton Street.
B. Facility Tour
EPA Inspectors, Mr. Cameron, Ms. Raferty and Mr. Thomson began a site tour,
beginning by Lot 6 and walking clockwise. EPA inspectors noted a large pile of stumps
(IMG_0473) and a silt fence that was in disrepair (IMG_0475) on this property. Mr.
Cameron said that these silt fences were installed by him originally to demarcate the
property line but he said it was now the responsibility of each property owner to maintain
them. EPA Inspectors also noted that in the easement of this lot adjacent to Scotland
Road there was a section that could be prone to erosion (IMG_0474). We discussed this
with Mr. Thomson who said that he had a contractor lined up to begin work this week on
installing a sidewalk in this area. Mr. Thomson thought that the installation of the
sidewalk would address any potential erosion issues that could occur between the cul - de-
sac and the intersection of Scotland Road and Putnam Lane. EPA Inspectors suggested
that Mr. Thomson consider the installation of a silt sock or other means to control erosion
in this area if there was going to be a delay in the construction of the sidewalk. Mr.
Thomson said that he would follow up and provide photos to EPA Inspectors showing
either the construction of the sidewalk or installation of stormwater controls if the
construction of the sidewalk was delayed.
The group continued to Lot 5, where the area had been clear cut but there were still tree
stumps in the ground which would require further earth work to remove. Mr. Thomson
said that the lot owner is responsible for the remaining earth work.
Lots 3 and 1 had a large dirt stockpile that had been seeded and had developed vegetation
(IMG_0482). The easement portion of this property along Scotland Road is also currently
vegetated (IMG_0484). The group then continued down Scotland Road towards the site
entrance. EPA inspectors noted a catch basin with silt protections (e.g., silt sack) and a
silt sock installed in front of Lot 2 (IMG_0485, IMG_0486), which is an active
construction area. The silt sack did not have much accumulated silt in it.
3
ED_019088A_00020765-00003
The easement along the north side of Scotland Road is vegetated while on the south side
it is covered with gravel (IMG_0488). There is some evidence of a small amount of
erosion of the soil on the south side right next to where it meets the pavement. The group
reached the site entrance to observe the site catch basin that is directly up slope from the
town catch basins (IMG_0489, IMG_0490). This catch basin also has a silt sack and silt
sock installed. There was minimal debris in the silt sack. Mr. Cameron said that not much
is getting into the town catch basin from the site. He explained that the town catch basin
is also handling any stormwater coming down Putnam Lane from the north east.
EPA inspectors then asked to observe the area where the retention / infiltration system is
built. The group walked to the rear of Lots 2 and Lot 4, where the retention / infiltration
system was located. Mr. Thomson explained that the retention system is on an easement
that belongs to the town, and that the property owners are aware of it. Since the system
was constructed underground all that was visible from the surface were the cleanout
manholes and a nearby catch basin (IMG_0497). EPA Inspectors suggested Mr. Thomson
place some silt or construction fencing around the catch basin to provide greater visibility
and to prevent it from being covered with dirt during the additional earth work that would
be done in the area.
EPA Inspectors then followed the pathway that any excess water from the
retention / infiltration system would take as it flows underground to the Town of Danvers
stormwater system located on Dayton Street. Parts of the area were seeded while other
portions, where there was active earth work, were not. (IMG_0498).
The group then walked down to Dayton Street, where they observed the Town of
Danvers catch basin at the bottom of the hill, behind Lot 2 and another active
construction project that was not part of this subdivision. Inspector Tougas asked if they
communicate with the folks involved with this project, to which Mr. Thomson said all the
time. Mr. Thomson had put crushed stone upslope from the catch basin as a stormwater
control in addition to the silt sack and silt socks (IMG_0499, IMG_0500). EPA
Inspectors noted that the sign identifying the EPA permit number for the project had a
permit number that differed from the number on the NOI (IMG_0501). EPA inspectors
requested that they change it to the correct permit number.
C. Closing Conference
Mr. Thomson reiterated that the sidewalk would be constructed very soon and that he
would follow up with photos. Mr. Thomson also said that he was going to erect a
temporary fence that blocked the entrance off and on the slopes of the Lots that would be
undergoing active construction to limit equipment access only to the driveways to
mitigate track out onto the road. Mr. Thomson and Mr. Cameron explained that they are
very actively involved with the site and come to the site after every rain event to check on
stormwater controls. EPA inspectors said they would follow up with a report soon. EPA
Inspectors thanked everyone for their time and departed at approximately 11:30 AM.
Picture List:
IMG_0466.JPG-weekly inspection report signed by engineer 5-11-21
4
ED_019088A_00020765-00004
IMG_0467.JPG-weekly inspection report signed by engineer 4-19-21
IMG_0468.JPG-another example of a weekly inspection report 4-1-21
IMG_0469.JPG-cover page of SWPPP
IMG_0470.JPG-copy of NOI
IMG_0471.JPG-standing at top of cul - de - sac, looking towards entrance of site
IMG 0472.JPG-Cul - de - sac, with Lot 5 in back
IMG 0473.JPG - - Lot 6
IMG_0474.JPG-Standing on Lot 6, looking at Lots 4 and 2
IMG 0475.JPG-down silt fence behind Lot 6
IMG 0476.JPG - - down silt fence behind Lot 6
IMG_0477.JPG-rock barrier along Lot 6
IMG 0478.JPG - - Lot 6
IMG_0479.JPG-silt fence down by Lot 6
IMG 0480.JPG-Lot 5
IMG_0481.JPG - - standing on Lot 5, looking down on cul - de - sac
IMG_0482.JPG-stockpile that is vegetated
IMG_0483.JPG-tracks of machinery
IMG_0484.JPG-standing by Lot 3, facing towards cul - de - sac
IMG_0485.JPG-catch basin that drains to retention system by Lot 2
IMG_0486.JPG-catch basin that drains to retention system by Lot 2
IMG 0487.JPG-Lot 2
IMG 0488.JPG-crushed stone where sidewalk will be, with trees
IMG_0489.JPG-catch basin that drains to retention system near entrance
IMG_0490.JPG-catch basin that drains to retention system near entrance
IMG 0491.JPG-town catch basins at entrance to site
IMG_0492.JPG-view looking down slope from the entrance on Putnam Lane
IMG_0493.JPG-view upslope at site entrance on Putnam Lane
IMG_0494.JPG-development sign
IMG_0495.JPG-silt fences along swale by Lot 2
IMG_0496.JPG - - area where retention system is located beneath
IMG 0497.JPG-catch basin that leads to retention basin
IMG_0498.JPG - - swale with vegetated buffer
IMG_0499.JPG-town catch basin on Dayton Street
IMG_0500.JPG-town catch basin on Dayton Street
IMG_0501.JPG-MassDEP and EPA permit numbers sign
*
Unless otherwise noted, this report describes conditions at the facility / property as
observed by EPA inspector(s), and / or through records provided to and / or information
reported to EPA inspector(s) by facility representatives and as understood by the
inspector(s). This report may not capture all operations or activities ongoing at the time
of the inspection. This report does not make final determinations on potential areas of
concern. Nothing in this report affects EPA's authorities under federal statutes and
regulations to pursue further investigation or action.
50
ED_019088A_00020765-00005