Kyan St OOC Extension Request

The City of Lowell • Dept. of Planning and Development • Division of Development Services Lowell City Hall, Rm. 51 • 375 Merrimack Street • Lowell, MA 01852 P: 978.674.4144 • www.LowellMA.gov LAND USE BOARD: MAIN APPLICATION The following application is made to the City of Lowell Division of Development Services in accordance with the provisions of The Code of Ordinances, City of Lowell, Massachusetts, Chapter 270, Zoning Code.

1. Application Information Address of Property Location: ______Owner: ______Telephone No. ______Email: ______Address (if different) ______City: ______State: ______Zip Code: ______Second Owner (if applicable): ______Telephone No. ______Email: _____ Address (if different) ______City: ______State: ______Zip Code: ______Applicant: (If different from Owner): ______Telephone No: ______Email: ______Title (Tenant/Lessee/Purchaser/Etc.): ______Address ______City: ______State: ______Zip Code: ______Owner’s Agent (if applicable): ______Telephone No. ______Email: ______Title: (Attorney/Architect/Contractor/Etc.):______Address ______City: ______State: ______Zip Code: ______

2. Please check all Board/Commission Approval(s) sought: ____The applicant is requesting the following from the Planning Board (Please also complete and attach the appropriate form) _____ Site Plan Review (see Site Plan Review Supplement Form) _____ Special Permit (see Main Special Permit Supplement Form) _____ Preliminary Subdivision Approval (see Preliminary Subdivision Supplement Form) _____ Definitive Subdivision Approval (see Definitive Subdivision Supplement Form) _____ Planned Residential Development _____ Endorsement of a Plan thought not to Require Approval (ANR) _____ Repetitive Petition (see Special Permit Main Supplement Form) _____ Telecommunications (see Telecommunications Supplement Form)

____The applicant is requesting the following from the Zoning Board (Please also complete and attach the appropriate form) _____ Special Permit _____ Variance _____ Appeal of Building Commissioner’s Determination

____The applicant is requesting approval from the Historic Board (Please also complete and attach the appropriate form): _____ Downtown District _____ Acre District _____ Other Neighborhood District - Please Specify: ______

____The applicant is requesting the following from the Conservation Commission (Please also complete and attach the appropriate form): _____ Request for Determination of Applicability (RDA) _____ Notice of Intent (NOI) _____ Abbreviated Notice of Resource Area Delineation (ANRAD) _____ Certificate of Compliance (COC) _____ Other (Please Specify): ______3. Property Information (Applies to Planning Board and Zoning Board applicants only): Zoning District of Property: ______Type of Structures (Existing and Proposed on Property): Residential: E_____ P_____ Commercial: E_____ P_____ Industrial: E_____ P_____ Institutional: E_____ P_____ Other: ______Parking Spaces: Existing ______Proposed ______Estimated Project Cost: ______Land Area Square Feet: ______Building Area Square Feet: ______Number of Stories: _____Number of Dwelling Units: E_____ P_____ Ave. Unit Size (SQ FT) ______Occupied: ______Partially Occupied: ______Vacant: ______Vacant Land: ______4. Notification Requirements: Mailing of Abutter Notices All applicants will be responsible for submitting prepaid abutter notice mailings to meet notification requirements under MGL Ch. 40A. Notices shall be submitted to Development Services staff at least two weeks prior to the scheduled public hearing.

Permit Signs (Please see the Notice of Intent Checklist for details regarding the Permit Sign for that application) All of the following applications are required to post a Request for Permit Sign:  Special Permit, Site Plan Review and Subdivision Applications from the Planning Board  Special Permit and Variance Applications from the Zoning Board of Appeals  New Construction Projects from the Historic Board

Request for Permit Signs must meet the following standards:  The sign shall include the following information: NOTICE: REQUEST FOR PERMIT Address of Property: Type of Permit: (special permit, site plan review, subdivision, variance, etc.) Specific information about the project: (type of use, number of units, size of commercial space, etc.) Proposed Use of Property: Date, Time and Place of a Public Hearing. For additional information, contact the City of Lowell at: Division of Development Services, City Hall, Room 51, 375 Merrimack Street, Lowell, MA 01852 Phone: (978) 674-4144 City Website: www.lowellma.gov  The sign shall include a copy of the site plan or plot plan submitted with the permit application.  The sign shall be made of wood or metal. Size of said sign shall be a minimum of 3 feet by 4 feet.  The applicant shall notify the City of Lowell in writing that the sign has been erected and where located.  The sign shall be posted 14 days prior to the opening of the public hearing.

Submit all required materials to: Division of Development Services, City Hall, Room 51, 375 Merrimack Street, Lowell, MA 01852

NOTE: Projects greater than 1 acre (43,560 square feet) are required to apply for a NPDES Permit. Please refer to https://www.epa.gov/npdes for more information. 9 Water Street, 1st Floor Amesbury, Massachusetts 01913 978.792.5737

December 18, 2020

Ms. Louisa Varnum City of Lowell Conservation Commission 375 Merrimack Street, 2nd Floor, Room 51 Lowell, Massachusetts 01852

Re: MassDEP File No. 206-0666, Order of Conditions Extension Request

Ms. Varnum,

Anchor QEA, LLC, on behalf of Boston Gas Company d/b/a National Grid, is requesting an extension to the Order of Conditions (Massachusetts Department of Environmental Protection [MassDEP] File No. 206-0666) issued for Immediate Response Action (IRA) activities conducted under the Massachusetts Contingency Plan (MCP) in the Pawtucket Canal adjacent to Kyan Street in Lowell, Massachusetts. Note that the Order of Conditions was issued to Colonial Gas Company d/b/a National Grid. On March 15, 2020, Colonial Gas Company d/b/a National Grid merged with Boston Gas Company d/b/a National Grid, and ongoing maintenance and monitoring activities for this Order of Conditions are now being conducted by Boston Gas Company d/b/a National Grid. The existing Order of Conditions will expire on December 29, 2020.

The IRA consists of a reactive core mat (RCM) cap placed over sediment to control sheens that originate from the sediment within the canal and a Gunderboom® containment and absorbent boom system for control of sheens that originate from behind the canal wall. The RCM cap and Gunderboom® system were installed in November 2010, and monitoring and maintenance activities are ongoing to maintain the integrity of the RCM cap and Gunderboom® system. The RCM cap and Gunderboom® System were conducted as part of the IRA. Once the RCM cap and Gunderboom® system were installed, the IRA was completed, and an IRA Completion Statement was submitted to MassDEP in September 2011. A Temporary Solution, as defined in the MCP, has been achieved at the Site, and ongoing maintenance and monitoring activities are being conducted under the MCP provisions of Post-Temporary Solution Operation, Maintenance and Monitoring activities.

We request an extension of 3 years to the existing Order of Conditions to continue maintenance and monitoring activities associated with the RCM cap and Gunderboom® system. If approved, the extended Order of Conditions would expire in December 2023.

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If you have any questions, please do not hesitate to contact me at (978) 712-4475 or [email protected].

Sincerely,

Billie-Jo L. Gauley Senior Geologist cc: Jesse Edmands, National Grid Joseph Higgins, Innovative Engineering Solutions, Inc. Marshall Field, Proprietors of The Locks and Canals of Merrimack River

Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 – Extension Permit for Orders of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

A. General Information Important: When filling out 1. Applicant: forms on the computer, use Name only the tab key to move your cursor - Mailing Address do not use the return key. City/Town State Zip Code

2. Property Owner (if different):

Name

Mailing Address

City/Town State Zip Code

B. Authorization

The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:

Date Issued by: Conservation Commission

for work at: Street Address Assessor’s Map/Plat Number Parcel/Lot Number

recorded at the Registry of Deeds for:

County Book Page

Certificate (if registered land)

is hereby extended until: Date Date the Order was last extended (if applicable) This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. This Extension Permit must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office (http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-your-city-or- town.html).

Signatures: Date

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C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission.

Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order (or in this case, the Extension Permit for the Order of Conditions) in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, it shall be noted in the Registry’s Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.

Detach this page and submit it to the Conservation Commission prior to the expiration of the Order of

Conditions subject to this Extension Permit. To:

Conservation Commission

Please be advised that the Extension Permit to the Order of Conditions for the project at:

Project Location DEP File Number

has been recorded at the Registry of Deeds of:

County

for:

Property Owner

and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on:

Date Book Page

If recorded land the instrument number which identifies this transaction is:

Instrument Number

If registered land, the document number which identifies this transaction is:

Document Number

Signature of Applicant

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