1-13220_NOAF-NON Response
March 14, 2012 Mr. Michael Reed MassDEP, BWSC WERO 436 Dwight Street Springfield, MA 01103 Via e-mail: Michael.Reed@state.ma.us RE: Response to NOAF-NON Former Cutlery Raceway 320-360
Riverside Drive RTN: #1-13320 Northampton, MA NON-WE-11-3A073 Dear Mr. Reed: New England Environmental, Inc. (NEE) is please to provide the following response to the NOAF-NON issued
by the Department on November 9, 2011 (Attachment 1). We have addressed each of the eight MCP “Requirements not Complied With”, and provided new and/or revised information for each of
the three “Actions to be Taken”, as listed in the NON. These items are as follows: MCP “Requirements not Complied With” (Partial relevant text in bold, responses follow): 1. 310 CMR
40.0995(3)(a).1.c Exposures of site biota and habitats must be characterized by a Stage I Environmental Screening. A Stage I Environmental Screening has been included in the revised
Method 3 Risk Characterization (OTO, 3/2012). Exposure of site biota and habitats to the contaminants of concern (COC) are considered in this screening evaluation. 2. 310 CMR 40.0995(3)(c).1.b
The Department has determined that a potentially significant exposure posed by sediment does exist at the site, which … must be evaluated by a Stage I Environmental Screening.. A Stage
I Environmental Screening has been included in the revised Method 3 Risk Characterization (OTO, 3/2012). Exposure to the COCs remaining in site sediment are considered in this screening
evaluation. 3. 310 CMR 40.0902(3) The Department has determined that all three EPH fractions detected in soil at the site are considered to be contaminants of concern which must be included
in the quantitative evaluation of site risk. A revised Method 3 Risk Characterization (OTO, 3/2012) has been provided which evaluates EPH carbon fractions as contaminants of concern
(COC) at the Site. 4. 310 CMR 40.1056(2)(k) -All documentation necessary to support the RAO must be submitted to the Department, including, for all Class A, B, or C RAOs, a Data Usability
Assessment documenting that the data relied upon is scientifically valid and defensible, and of a sufficient level of precision, accuracy, and completeness to support the RAO. The Department
is in general concurrence that the data are usable in support of the RAO Report conclusions. However, because the highest non-cancer risk Hazard Index value obtained for the
www.neeinc.com 2 construction worker exposure pathway (0.8, segregated by critical effect) approached the Method 3 Risk Characterization criteria of I, the low bias and variability seen
in a number of quality control samples associated with metals data obtained at AOC-I (the "SA" excavations data in particular), further evaluation is needed to determine how they affect
the risk characterization determination of No Significant Risk. The requested further evaluation is included in the revised Method 3 Risk Characterization (OTO, 3/2012). 5. 310 CMR 40.0926(1)
-For oil and/or hazardous material in each medium at each exposure point, an exposure point concentration (EPC) must be identified and documented. There was some confusion as to the
definition of “sediment” in the early stages of this project, and several “soil” samples were collected from within the floodplain, or the bank full bench, and characterized as “sediment”
from the Mill River. These sample results have now been extracted from data Table 5, and and segregated into new/revised data tables such that Table 5-1R contains only “soil”, and Table
5-2R contains only “sediment”. They are therefore now easily compared to their respective standards, and have been introduced to evaluation in the revised Method 3 Risk Characterization
(OTO, 3/2012) in this segregated manner. This does two things: a) it clears up the prior confusion of soil vs. sediment, and b) it allows evaluation of the floodplain exposures separately
in the risk assessment. 6. 310 CMR 40.1012(2)(a)2 -Activity and Use Limitations (AULs) are required at all disposal sites or portions of disposal sites for which an RAO, and the risk
characterization used to support the RAO, are based upon the restriction or limitation of site activities and uses to achieve a level of No Significant Risk ... The delineated AUL boundaries
at AOC-I do not include the area extending further westward (down slope) to the river's edge; namely, the lower riverbank and floodplain soil area. With the segregation of “soil” and
“sediment” samples from Table 5 into Table 5-1R and Table 5-2R, the risk assessment is now able to evaluate exposure within the floodplain as requested. Such an evaluation is included
in the revised Method 3 Risk Characterization (OTO, 3/2012), along with all the other exposure points. 7. 310 CMR 40.0897(1)(b) -The provisions of 31 0 CMR 40.0897 shall apply to any
disposal site where the operation, maintenance or monitoring of the selected remedial alternative is necessary to ensure that the conditions upon which the Class C RAO is based are maintained,
and/or that further progress towards a Class A Response Action Outcome is made. Although AULs were implemented at Areas of Concern AOC-2 and AOC-3, subject to the partial Class C-I RAO
Statement submitted to the Department, which include obligations and conditions necessary to maintain the integrity of the site's erosion controls, no plan was provided in the RAO Report
which specifies how these obligations and conditions will be conducted. An Operation & Maintenance Plan has been prepared for the Site and is included in Attachment 2. While a formal
O&M Plan was not previously written, the activities listed in the O&M Plan have been conducted by NEE since the RAO Statement was submitted in February 2011 (revised RAO Statement, Section
2.4). NEE is under contract with the PRP to provide these services on an on-going basis. 8. 310 CMR 40.1074(2)(c) – If the person signing the Notice of AUL is not an individual signing
on his/her own behalf, but rather on behalf of an entity (LLC, LLP, limited partnership, etc.) or as trustee, executor, or attorney in fact, documentation of the person's signatory authority
must be attached as an exhibit to the Notice of AUL. The appropriate documentation establishing the authority of the person signing the AUL was not attached as an exhibit to the
www.neeinc.com 3 Notice of AUL for AUL Area I, owned by Firehouse Realty Corporation. A Certificate of Vote noting “That the Notice of Activity And Use Limitation dated February II ,
2011, recorded in the Hampshire Registry of Deeds at Book 10475 Page 118 and executed by Nelson Shifflett is hereby ratified and confirmed and adopted for all purposes as an official
act of the Company” was adopted by written vote of the directors of Firehouse Realty Corp. on 2/20/2012. A notarized copy of this Certificate of Vote was recorded at the Hampshire County
Registry of Deeds on 3/6/2012 (Book 10833 Page 81; copy included in Attachment 3). ACTION(S) TO BE TAKEN AND DEADLINE(S) FOR TAKING SUCH ACTION(S): (Relevant text in bold, responses
follow): 1. Submit a revised risk characterization, including a Stage I Environmental Screening, and revised Class C-I and A-3 RAO Statements that meet the requirements of the MCP specified
above, or an RAO retraction(s) and a Tier II Extension Submittal in accordance with 310 CMR 40.0560(7). A revised Method 3 Risk Characterization, including a Stage I Environmental Screening,
and revised Class C-I and A-3 RAO Statement has been submitted via eDEP. 2. File separate Amendment to Notice of Activity and Use Limitation (Form 1082B) instruments for AUL Areas I
and 2, in accordance 310 CMR 40.1081(4), including the appropriate documentation of signatory authority attached as exhibits to each AUL. A Certificate of Vote noting “That the Notice
of Activity And Use Limitation dated February II , 2011, recorded in the Hampshire Registry of Deeds at Book 10475 Page 118 and executed by Nelson Shifflett is hereby ratified and confirmed
and adopted for all purposes as an official act of the Company” was adopted by written vote of the directors of Firehouse Realty Corp. on 2/20/2012. A notarized copy of this Certificate
of Vote was recorded at the Hampshire County Registry of Deeds on 3/6/2012 (Book 10833 Page 81; copy included in Attachment 3). 3. Complete the actions specified above and submit a Post-Audit
Completion Statement in accordance with 310 CMR 40.1170, on the form established by the Department (BWSC-lll), within 120 days of the date of this Notice. With the addition of one additional
week requested in our letter of March 8, 2012 (Attachment 4), this has been accomplished. If you have any questions or comments, please contact me. Sincerely, NEW ENGLAND ENVIRONMENTAL,
INC. Wm. Lyons Witten, PG, LSP Division Manager/Hydrogeologist Attachment 1: NOAF-NON issued November 9, 2011 Attachment 2: Operation & Maintenance Plan Attachment 3: Certificate of
Vote Attachment 4: Extension Request Letter
ATTACHMENT 1 NOAF‐NON issued November 9, 2011
Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Western Regional Office 0 436 Dwight Street, Springfield MA 01103
0 413-784-1100 DEVAL L PATRICK Governor T!MOTHY p, MURRAY Lieutenant Governor Cutlery Building Associates 56 Main Street Northampton, MA 01060 Attn: Alan Verson, Partner Dear Mr. Verson:
November 9, 2011 RICHARD K SULLIVAN JR Secretary KENNETH L KIMMELL Commissioner Re: NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE Northampton 320 -360 Riverside Drive RTN 1-13320
NON-WE-1l-3A073 On September 27, 2011, Cutlery Building Associates (hereafter referred to as you/your) was notified that the Massachusetts Department of Environmental Protection (the
Department, MassDEP) had begun a comprehensive audit of response actions conducted to address the release of oil and/or hazardous material at the location identified above. This Notice
info=s you of the results ofthe Department's audit. VIOLATIONS IDENTIFIED The Department has determined that response actions were not perfo=ed in compliance with the requirements of
the Massachusetts Contingency Plan (MCP). The enclosed Notice of Audit Findings and Notice of Noncompliance lists the violation(s) and those action(s) that are required to achieve compliance.
Specifically, the Notice of Audit Findings and Notice of Noncompliance contains: (1) the requirement violated, (2) the date and place that the Department asserts the requirement was
violated, (3) either the specific actions which must be taken in order to return to compliance or direction to submit a written proposal describing how and when you plan to return to
compliance and (4) the deadline for taking such actions or submitting such a proposal. LICENSED SITE PROFESSIONAL (LSP) A copy of this Notice has been sent to William L. Witten, the
current LSP-of-Record for the disposal site. However, you, not your LSP, are responsible for responding to this Notice of Noncompliance and correcting the violations identified therein.
This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751, TDD# 1-866-539"7622 or 1-617-574-6868 MassDEP Website: wWVII.mass.gov/dep
Printed on Recycled Paper
NORTHAMPTON, RTN 1-13320 LIMITATIONS 2 NOTICE OF AUDIT FINDINGS AND . NOTICE OF NONCOMPLIANCE The Department's findings were based on the certainty of the infonnation reviewed during
the audit. These findings do not: (1) apply to actions or other aspects of the site that were not reviewed in the audit, (2) preclude future audits of past, current, or future actions
at the site, (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000, or any other law, regulation, or requirement,
or (4) limit the Department's authority to take or arrange, or to require any Responsible Party or Potentially Responsible Party to perfonn, any response action authorized by M.G.L.
c. 21E which the Department deems necessary to protect health, safety, public welfare, or the environment. If you have any questions regarding this Notice, please contact Michael Reed
at 413-755-2290. Please reference Release Tracking Number 1-13320 and Enforcement Tracking Number NON-WE-11-3A073 in any future correspondence to the Department regarding the site. Sincerely,
-~ Eva V. Tor Deputy Regional Director Bureau of Waste Site Cleanup Certified Mail # 7008 0500 0000 7958 1093, Return Receipt Requested Enclosure: Notice of Audit Findings and.Notice
of Noncompliance ec/cc: Robert Cummings, CFP Properties LLC, 320 Riverside Dr., Northampton, MA 01060 (cc) Samuel Burton and Susan E. Rees, 320 Riverside Drive, Northampton, MA 01060
(cc) Nelson Shifflett, Firehouse Realty Corp., 114 Shelburne Falls Rd., Conway, MA 01341 (cc) William L. Witten, NewEngland Environmental, LSP-of-Record (ec) Northampton: Mayor's office,
Board of Health & Planning Dept. (ec) Denise Andler, DEP WERO Data Entry: RAOIACTAUD; AUDCOMINAFNON; FLDRAN 10/25/11
NORTHAMPTON, RTN 1-13320 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE . NON-WE-1l-3A073 RTN 1-13320 THIS IS AN IMPORTANT
LEGAL NOTICK FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. NAME OF ENTITY IN NONCOMPLIANCE: Cutlery Building Associates 56 Main St., Northampton, MA 01060 LOCATION WHERE
NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 320 -360 Riverside Drive, Northampton DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: February 11, 2011-Date that the Notice of Activity and
Use Limitations (AULs) for AUL Areas 1 and 2 were recorded at the Hampshire County Registry of Deeds. February 16,2011-Date that the Class A-3 and Class C-l Response Action Outcome (RAO)
Statements were received by the Department. DESCRIPTION OF REQUIREMENT(S) NOT COMPLIED WITH: 1. 310 CMR 40.0995(3)(a)1.c -Exposures of site biota and habitats must be characterized by
a Stage I Environmental Screening. Available evidence must be evaluated to determine whether there there is current or potential future exposure of environmental receptors to contamination
at or from the clisposal site. Sources of such evidence shall include historical records, site data, field observations, statements by present and past residents or employees, and any
other relevant source. Evidence of current or potential exposure shall include, but is not limited to, analytical data indicating the presence of oil and/or hazardous material attributable
to the site in question in surface water or sediment (including wetlands). Page 11 of the Method 3 Risk Characterization (Appendix F of the RAO Report) states that: "Seven metals were
detected in Site sediment samples. The concentrations of six detected metals (excluding antimony) were similar to the concentrations detected in upstream samples and/or below the available
MassDEP Sediment Screening Values ... Therefore, metals are not selected as sediment COCs[contaminants of concern]." However, based on the Department's evaluation of the sediment analytical
data on file for this site, the concentrations of one or more metals detected in sediment samples collected adjacent to the site are clearly and significantly higher than those detected
in samples collected upstream. In particular, concentrations of metals identified as site contaminants of concern (cadmium, chromium,
NORTHAMPTON, RTN 1-13320 2 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE nickel, lead, and zinc) detected in sediment samples collected near the shoreline closest to the site,
generally ranged from two to four times higher than those detected in sediment samples collected upstream. Therefore, the Department has determined that hazardous material (metals) attributable
to the site have been detected in sediment. 2. 310 CMR 40.0995(3)(c)1.b -Each current and potential future exposure pathway identified in 310 CMR 40.0995(3)(a) must be evaluated to determined
whether it could result in potentially significant exposure. Any potential exposure must be considered a "potentially significant exposure" unless it can be ruled out as such using environmental
concentrations specifically adopted by the Department as screening criteria. 310 CMR 40.0191(2)(a) (Class II) -The Response Action Performance Standard must be employed during the performance
of all response actions conducted pursuant to the MCP, and must include, without limitation, consideration of relevant policies and guidelines issued by the Department and EPA. The sediment
analytical data which were evaluated in the risk characterization and declared to be both similar at upstream and site adjacent locations and below the available MassDEP Sediment Screening
values, were limited to the sediment samples collected during the Brownfields funded investigation conducted in 2006; i.e., the OSS-series samples collected in four transects spanning
the river (RAO Report, page 10, and risk characterization, page 10-11). However, the following metals were detected in two sediment samples collected adj acent to the site by the Department
on August 7,2000, at concentrations which do exceed the Department's Sediment Screening Criteria values: cadmium at "DEP Sed-I" and nickel at "DEP Sed-2." Pages 9 and 10 of the Department's
MCP Representativeness Evaluations and Data Usability Assessments (REDUA) guidance (Policy #WSC-07-350) states that analytical results obtained prior to the effective date of the Department's
Compendium of Analytical Methods, August 1, 2003 (i.e., "non-CAM data"), may be used to support RAO Statements, "but only after any uncertainties associated with identified data deficiencies
... are evaluated. In addition to supporting the use of 'non-CAM' data by an evaluation of the elements in Appendix II, other circumstances in which 'non-CAM' data may be used to supplement
CAM data points include [where 1 consistent concentrations and trends can be demonstrated between 'non-CAM' data and CAM data generated for comparable samples at the disposal site."
Because the concentrations of metals detected in samples "DEP Sed-I" and "DEP Sed-2" are consistent with those detected in other sediment samples collected adjacent to the site, unless
these data are replaced by newer data obtained from the same locations, the Department considers these data to be usable in the evaluation of site risks posed by sediment. Therefore,
the Department has determined that a potentially significant exposure posed by sediment does exist at the site, which, at a minimum, must be evaluated by a Stage I Environmental Screening.
3. 310 CMR 40.0902(3) -If the concentration of an oil and/or hazardous material at the disposal site is at or below background levels, then that oil and/or hazardous material shall be
considered to pose No Significant Risk, even if such background levels exceed one or more of the numerical standards or risk criteria published in 310 CMR 40.0900.
NORTHAMPTON, RTN 1-13320 3 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE Regarding the extractable petroleum hydrocarbon (EPH) compounds detected in soil at the site, page 10
of the risk characterization states that, "given the widespread distribution of coal and coal ash at this Site, along the entire length of the levee, river bank, and within the raceway
backfill, it is [the LSP-of-Record's] opinion that the EPH are derived from the coal and/or coal ash, and not Site-related activities." Therefore, the three EPH fractions detected in
soil were not identified as contaminants of concern in the evaluation of potential site risks from soil exposure at Area of Concern AOC-I. However, in recent consultation with John Fitzgerald
of the Department, a principal author of the MassDEP EPH method, he stated that coal is predominantly comprised of aromatic hydrocarbons, whereas petroleum is predominantly aliphatic.
In addition, coal ash will have pyrogenic (i.e., combustion derived) polycyclic aromatic hydrocarbons (PAHs), as opposed to alkylated P AHs. In contrast to these characteristics of coal
and coal ash, the Department notes that the EPH fractions detected in soil at the site are dominated by the C19-C36 aliphatic hydrocarbon fraction, which is more consistent with a waste
oil release. Furthermore, only trace concentrations of P AHs were detected. Therefore, the Department has determined that all three EPH fractions detected in soil at the site are considered
to be contaminants of concern which must be included in the quantitative evaluation of site risk. 4. 310 CMR 40.1056(2)(k) -All documentation necessary to support the RAO must be submitted
to the Department, including, for all Class A, B, or C RAOs, a Data Usability Assessment documenting that the data relied upon is scientifically valid and defensible, and of a sufficient
level of precision, accuracy, and completeness to support the RAO. In the Data Validation section of the RAO Report (page 13) it was stated that, "some flags were marked within the laboratory
report indicating variations in reporting limits or problems during analysis. Each ofthese were evaluated at the time of the report receipt and determined not to impact the usability
of the data." The Department is in general concurrence that the data are usable in support of the RAO Report conclusions. However, because the highest noncancer risk Hazard Index value
obtained for the construction worker exposure pathway (0.8, segregated by critical effect) approached the Method 3 Risk Characterization criteria of I, the low bias and variability seen
in a number of quality control samples associated with metals data obtained at AOC-I (the "SA" excavations data in particular), further evaluation is needed to determine how they affect
the risk characterization determination of No Significant Risk. 5. 310 CMR 40.0926(1) -For oil and/or hazardous material in each medium at each exposure point, an exposure point concentration
(EPC) must be identified and documented. Only data points identified as being soil and not sediment were included in the calculation of EPCs used to evaluate the potential risks posed
by soil exposure at AOC-I. Consequently, data obtained from samples collected from the floodplain area at the base of the steep riverbank area, which were identified as being sediment
(i.e, all of the CB-series samples identified with a "Sed" suffix obtained at AOC-I), were not evaluated in the risk characterization. During the audit inspection conducted on October
25, 2011, it was determined that the CB-series "Sed" samples were actually collected from areas of floodplain soil and not sediment; i.e., they were not collected from deposits comprised
of inorganic and/or organic matter situated below the mean high water table of a surface water body.
NORTHAMPTON, RTN 1-13320 4 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE Therefore, these data points should have been included in the EPCs calculation used to evaluate potential
soil exposure risk. 6. 310 CMR 40.1012(2)(a)2 -Activity and Use Limitations (AULs) are required at all disposal sites or portions of disposal sites for which an RAO, and the risk characterization
used to support the RAO, are based upon the restriction or limitation of site activities and uses to achieve a level of No Significant Risk, including any disposal site or portion of
a disposal site where a Method 3 Risk Characterization relies on reduced exposure potential due to the assumption of limited site use. The delineated AUL boundaries at AOC-I do not include
the area extending further westward (downslope) to the river's edge; namely, the lower riverbank and floodplain soil area, including data point CB-17, the data from which were included
in the EPCs evaluated in the risk characterization, and all CB-series, floodplain soil samples with a "Sed" suffix excluded from evaluation in the risk characterization (mentioned above).
Most ofthe samples collected from this area had metals concentrations which are comparable to those detected in the area where the AUL was determined to be necessary to maintain a condition
of No Significant Risk. Therefore, unless technical justification (including the findings of a revised risk characterization) is provided to the contrary, an AUL must also be implemented
which includes the entire area at AOC-I located between the current western boundaries of AUL Areas I & 2 and the shoreline or mid-point of the river. 7. 310 CMR 40.0897(1)(b) -The provisions
of 31 0 CMR 40.0897 shall apply to any disposal site where the operation, maintenance or monitoring of the selected remedial alternative is necessary to ensure that the conditions upon
which the Class C RAO is based are maintained, andlor that further progress towards a Class A Response Action Outcome is made. Although AULs were implemented at Areas of Concern AOC-2
and AOC-3, subject to the partial Class C-I RAO Statement submitted to the Department, which include obligations and conditions necessary to maintain the integrity of the site's erosion
controls, no plan was provided in the RAO Report which specifies how these obligations and conditions will be conducted. The need for such a maintenance and monitoring plan is warranted
because of the generally unstable nature of these soils and the continued potential for erosion in the steeper sections of riverbank caused by flooding and other extreme storm events
(some evidence of which was observed during the audit inspection), and the potential for damage to erosion controls andlor fencing caused by tree blow-downs and the like. 8. 310 CMR
40.1074(2)(c) -Ifthe person signing the Notice of AUL is not an individual signing on hislher own behalf, but rather on behalf of an entity (LLC, LLP, limited partnership, etc.) or as
trustee, executor, or attorney in fact, documentation of the person's signatory authority must be attached as an exhibit to the Notice of AUL. The appropriate documentation establishing
the authority of the person signing the AUL was not attached as an exhibit to the Notice of AUL for AUL Area I, owned by Firehouse Realty Corporation. For a corporation, the documentation
must include a Clerk's Certificate of Incumbency identifying the office held by the person signing as of the date of the Notice. And, unless the person signing holds the office of both
president or vice president and treasurer or assistant treasurer, a Clerk's Certificate from the clerk or the secretary
NORTHAMPTON, RTN 1-13320 5 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE documenting a vote, resolution, or by-law authorizing the person to sign is also required. Note in this
regard, that, although Nelson Shifflett, who signed the AUL Notice for AUL Area I, was identified as "Its President and Treasurer" beneath his signature on the document, the Massachusetts
Secretary of State's corporation database identifies Mr. Shifflett as being the President and Secretary of Firehouse Realty Corporation, and identifies Linda E. Driscoll as its Treasurer.
ACTION(S) TO BE TAKEN AND DEADLINE(S) FOR TAKING SUCH ACTION(S): I. Submit a revised risk characterization, including a Stage I Environmental Screening, and revised Class C-I and A-3
RAO Statements that meet the requirements of the MCP specified above, or an RAO retraction(s) and a Tier II Extension Submittal in accordance with 310 CMR 40.0560(7). 2. File separate
Amendment to Notice of Activity and Use Limitation (Form 1082B) instruments for AUL Areas I and and 2, in accordance 310 CMR 40.1081(4), including the appropriate documentation of signatory
authority attached as exhibits to each AUL. 3. Complete the actions specified above and submit a Post-Audit Completion Statement in accordance with 310 CMR 40.1170, on the form established
by the Department (BWSC-lll), within 120 days of the date ofthis Notice. Please note that as of January I, 2009, all submittals for this release that require an LSP Opinion, including
Form BWSC-III, must be submitted through e-DEP, MassDEP's electronic document and form submittal repository. For more information on electronic submittal of forms and reports, please
visit MassDEP's website, www.mass.gov/dep/service/compliance/edeponlf.htm. If the required actions are not completed by the deadlines specified, an administrative penalty may be assessed
for every day after the date of this Notice that the noncompliance occurs or continues. The Department reserves its rights to exercise the full extent of its legal authority in order
to to obtain full compliance with all applicable requirements, including, but not limited to, criminal prosecution, civil action including court-imposed civil penalties, or administrative
action, including administrative penalties
imposed by the Department. For the Department of Environmental Protection: Date: __1If-/",-;8/,--,/;2,-,(::....:.1) -,--1_ II By: ~7/-L --~~----~~~~------Eva V. Tor Deputy Regional Director
Bureau of Waste Site Cleanup
ATTACHMENT 2 Operation & Maintenance Plan
March 14, 2012 OPERATION & MAINTENANCE PLAN RE: Former Cutlery Raceway 320-360 Riverside Drive RTN: #1-13320 Northampton, MA NON-WE-11-3A073 AULs were implemented at Area of Concern
AOC-1, subject to the partial Class A-3 RAO Statement. An AUL was also implemented at Areas of Concern AOC-2 and AOC-3, subject to the partial Class C-I RAO Statement (NEE, revised 3/14/2012).
Figures 1, 2, 7, 8, and 9 from the RAO Statement are attached for reference. The AULs include obligations and conditions necessary to maintain the integrity of the site's erosion controls,
and this O&M Plan is provided to specify how the obligations and conditions will be conducted [31 0 CMR 40.0897]. The specific obligations and conditions are listed in i)-v) under 1)
below. A full copy of the three AULs is included in Attachment 1. Operation & Maintenance Plan 1) Annual LSP & PWS AUL Site Inspection. Each Spring or Early Summer, a site inspection
will be conducted by a Licensed Site Professional (LSP) and a Professional Wetland Scientist Scientist (PWS). The LSP will inspect the Site to ensure that the following five obligations
and conditions are being maintained in accordance with the applicable AULs. The PWS will inspect the existing erosion controls noted in v), including fabric materials, cover, plantings,
and inspect the bank for new areas of erosion. i) The four-foot high chain link fence on the west side of the paved parking lots and the five-foot high chain link fence on the north
side of Lot 76 shall be maintained in good condition; ii) Gates in the chain link fences shall remain locked at all times. The property owner(s) shall restrict access to the locked areas
to authorized personnel who are familiar with the terms of this document. iii) Signs stating the fenced areas west and north of the chain link fences are off limits (“No Trespassing”)
shall be posted in visible locations along each section of fence, and shall be maintained in good condition; iv) The parking lot pavement shall be maintained in good condition. The purpose
of the pavement is to restrict access to the underlying soil which contains heavy metals. Therefore, minor cracks in the pavement are acceptable, but cracks penetrating the full pavement
thickness or potholes must be repaired promptly; (AUL-1 and AUL-2).
www.neeinc.com 2 Soil within the AUL AREA #3 may not be moved to another area of the Property, or off the Site, without first being evaluated by an LSP who shall render an opinion, in
accordance with 310 CMR 40.1080 et seq., as to whether the soil relocation will present a significant risk of harm to health, safety, public welfare, or the environment. (AUL-3) v) Erosion
controls have been installed on the bank of the Mill River west of the chain link fence. This includes an orange marker layer of plastic construction fencing under a layer of seeded
and planted organic soil. The layer of seeded organic material should be maintained to a thickness sufficient so as the orange marker layer is not visible. It should be noted that the
orange marker layer was installed over rock in some areas and organic material and planting are not expected to stay or grow on top of the rock. In these limited areas, the orange marker
layer will remain visible. In steeper areas, erosion control fabric or blanket was installed over the organic layer and pinned in place to assist in the establishment of planted materials.
This material may be supplemented as necessary, or allowed to compost in place as the planted materials become established. Erosion of the steep bank west of the chain link fence is
not permitted and eroded areas will be repaired promptly. The site inspection will be conducted in the Spring or Early Summer each year as experience at the Site indicates that erosion
is most likely to occur as a result of thawing and melt water after the Winter season. Additional Site inspections may be scheduled after severe storm events which could initiate erosion
of the bank. 2) MCP Tier II Extension Submittal. Annual site inspection observations will be incorporated in the Tier II Extension submittal required since a Permanent Solution has not
been reached for the whole Site. The Tier II Permit Extension is due for renewal at DEP each year on August 12th. A copy of this submittal will be sent to the Northampton Conservation
Commission each year. Attachments: Figure 1 Locus Map Figure 2 Air Photo Figure 7 AUL Plan – AOC-1 Figure 8 AUL Plan – AOC-2 & AOC-3 Figure 9 As-Built Site Plan – Limit of RAO Attachment
1 AULs (recorded copies)
FIGURES Figure 1 Locus Map Figure 2 Air Photo Figure 7 AUL Plan – AOC‐1 Figure 8 AUL Plan – AOC‐2 & AOC‐3 Figure 9 As‐Built Site Plan – Limit of RAO
New England Environmental, Inc. Environmental Consulting Services 15 Research Drive Amherst, MA 01002 413-256-0202 413-256-1092 Fax Figure 1 Locus Map Former Cutlery Raceway 320-260
Riverside Drive Northampton, Massachusetts NEE File #02-2053 N 0.5 Mile Radius SITE USGS Easthampton, MA Quadrangle, 1990 0 0.25 0.5 SCALE IN MILES
New England Environmental, Inc. Environmental Consulting Services 15 Research Drive Amherst, MA 01002 413-256-0202 Fax #413-256-1092 Figure 2 Aerial photograph Former Cutlery Raceway
320-260 Riverside Drive Northampton, Massachusetts NEE File #02-2053 N Former -Firehouse Approximate Area -Cutlery of Filled Raceway AOC-3 Former Dam Location Approximate Extent of Raceway
Levee Approximate Extent of “Site” and Impacted Soils AOC-2 AOC-1
Figure 7 Class A3 and Class C1 RAO Report, NEE 2/8/2011
Figure 8 Class A3 and Class C1 RAO Report, NEE 2/8/2011
ATTACHMENT 1 AUL‐1 AUL‐2 AUL‐2
Hampshire County Current datetime: 2/15/2011 2:01:31 PM DETAILS REPORT **Note: Report is Sorted in Ascending Order by Office, Recorded Date, Document Number Doc# Document Type Town Book/Page
File Date Consideration 3255 NOTICE FLORENCE 10475/133 02/11/2011 Street Street Name Description 320 RIVERSIDE DR Grantors Grantees Street Property Description CFP PROPERTIES LLC , CUTLERY
BUILDING ASSOCIATES , BURTON SAM, REES SUSAN E, CUTLERY BUILDING CONDOMINIUM TRUST , VERSON ALAN TR, VERSON ALAN GENERAL PARTNER NOTICE OF ACTIVITY & USE LIMITATION RIVERSIDE DR
References Book/Pg Description Recorded year 10475/133 NOTICE 1987 References Certificate
Hampshire County Current datetime: 2/15/2011 2:01:30 PM DETAILS REPORT **Note: Report is Sorted in Ascending Order by Office, Recorded Date, Document Number Doc# Document Type Town Book/Page
File Date Consideration 3254 NOTICE FLORENCE 10475/118 02/11/2011 Street Street Name Description 320-360 RIVERSIDE DR Grantors Grantees Street Property Description FIREHOUSE REALTY CORP
NOTICE OF ACTIVITY & USE LIMITATION RIVERSIDE DR References Book/Pg Description Recorded year 10475/118 NOTICE 2001 References Certificate
Hampshire County Current datetime: 2/15/2011 2:01:32 PM DETAILS REPORT **Note: Report is Sorted in Ascending Order by Office, Recorded Date, Document Number Doc# Document Type Town Book/Page
File Date Consideration 3256 NOTICE FLORENCE 10475/141 02/11/2011 Street Street Name Description 320-360 RIVERSIDE DR Grantors Grantees Street Property Description CUTLERY BUILDING ASSOCIATES
, VERSON ALAN GENERAL PARTNER NOTICE OF ACTIVITY & USE LIMITATION RIVERSIDE DR References Book/Pg Description Recorded year 10475/141 NOTICE 1984 References Certificate
ATTACHMENT 3 Certificate of Vote
• FIREHOUSE REALTY CORP. Certificate of Vote ~-. --~~----Bk: 10833Pg: 81 Page: 1 012 Recorded: 03/061201202:20 PM I, the duly elected Clerk of Firehouse Realty Corp. ("the Company")
a Massachusetts corporation, hereby certify as fo llows: The follow ing vote was duly adopted by the written consents of the directors of the Company dated February 20 , 2012 , and was
filed with the records of the Company. VOTED: That the Notice of Activity And Use Limitation dated February II , 2011, recorded in the Hampshire Registry of Deeds at Book 10475 Page
118 and executed by Nelson Shiffiett is hereby ratified and confirmed and adopted for all purposes as an official act of the Company. The foregoing Vote has not been altered or rescinded.
Signed under the penalties of perjury this £ day of March, 2012 Nelson S crt, erk
THE COMMONWEALTH OF MASSACHlJSETrS Hampshire, S5. On this 2nd day of March, 2012, before me, the undersigned notary public, personally appeared Nelson Shi fflett, also known as N. A.
Shifflett, who is personally known to me to be the person whose name is signed on the within document and acknowledged to me that he signed it voluntarily for its stated purpose, as
Clerk of Fi rehouse Realty Corp. Alan Verson Notary Public Commonwealth of Massachusetts My Commission Expires: April 15, 2016 AI' erson. Notary Public My commission expires April 15,2016
ATTACHMENT 4 Extension Request Letter
March 8, 2012 Mr. Michael Reed MassDEP, BWSC WERO 436 Dwight Street Springfield, MA 01103 Via e-mail: Michael.Reed@state.ma.us RE: Extension Request for Response to NOAF-NON Former Cultery
320-360 Riverside Drive RTN: #1-13320 Northampton, MA NON-WE-11-3A073 Dear Mr. Reed: New England Environmental, Inc. (NEE) is following up on our phone conversation earlier today in
which we request an additional week to complete work on the revised Risk Characterization and RAO Statement necessary to comply with the 11/9/11 NOAF-NON issued by the Department. As
I noted earlier, work on all the pieces has progressed nicely, we have additional sediment sample results, have incorporated them in the risk assessment, and we have corrected the legal
issues with signatures on the AULs. We simply need a few more days to compile the pieces into a comprehensive submittal. We appreciate your understanding in this matter and anticipate
submitting revised documentation on or before March 15, 2012. If you have any questions or comments, please contact me. Sincerely, NEW ENGLAND ENVIRONMENTAL, INC. Wm. Lyons Witten, PG,
LSP Division Manager/Hydrogeologist
New England Environmental Environmental Consulting 15 Research Drive Amherst MA 01002 (p) 413.658.2056 (f) 413. 256. 1092 www.neeinc.com