Bk 39600 Pg406 #88608 07-07-2021@ 11:24a Note: Pursuant to 310 CMR 40. l 074(5), upon transfer of any interest in or a right to use the property or a portion thereof that is subject to this Notice of Activity and Use Limitation, the Notice of Activity and Use Limitation shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer. Within 30 days of so incorporating the Notice of Activity and Use Limitation in a deed that is recorded or registered, a copy of such deed shall be submitted to the Department of Environmental Protection. NOTICE OF ACTIVITY AND USE LIMITATION 42 U.S.C. § 9601, et seq.; 40 CFR Part 300; M.G.L. c. 21E, § 6: and 310 CMR 40.0000 [Note: This Notice ofActivity and Use Limitation has been recorded pursuant to 310 CMR 40.0111 as part of an institutional con/ rol for a site that is both a federal Supe1:f11nd sire, listed on the National Priorities List pursuant to Section 105 of CERCLA. 42 USC.§ 9605. and a disposal site under M.G.L. c. 21E.] Superfund Site Name: Blackbum & Union Privileges Superfund Site Site Location: Walpole, MA EPA Site Identification Number: MAD982 I 91363 MassDEP Release Tracking No.(s): 4-3000603 ii\ . This Notice of Activity and Use Lim. itation ("Notice") is made as of this Jl__ ¾y of n-gv' 1 \ , 201.\, by Town of Walpole. 135 School Street, Walpole, Massachusetts, togethe~with his/her/its/their successors and assigns (collectively "Owner"). All capitalized tenns used herein without definition shall have the meaning given to them in the Massachusetts Oil and Hazardous Materials Release, Prevention and Response Act, M.G.L. c. 21 E, as amended (''Chapter 21 E") and the Massachusetts Contingency Plan, 310 CMR 40.0000, as amended (the "MCP"). WITNESS ETH: WHEREAS, Town of Walpole is the owner(s) in fee simple of those certain parcels of land located in Walpole, Massachusetts, Norfolk County, Massachusetts with the buildings and improvements thereon, pursuant to a Judgment in Tax Lien Case No. 97 TL 114322, recorded with the Norfolk Registry of Deeds in Book 33107, Page 408, Judgment in Tax Lien Case No. 13 TL 147512 recorded with said Deeds in Book 33107, Page 415, and Judgment in Tax Lien Case No. 13 TL 14 7510 recorded with said Deeds in Book 33107, Page 413, and Pagel of 12 WILLIAM P. O'DONNELL, REGISTER NORFOLK COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY
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Bk 39600 Pg406 88608 07-07-2021 1124a
Note Pursuant to 310 CMR 40 l 074(5) upon transfer of any interest in or a right to use the property or a portion thereof that is subject to this Notice of Activity and Use Limitation the Notice of Activity and Use Limitation shall be incorporated either in full or by reference into all future deeds easements mortgages leases licenses occupancy agreements or any other instrument of transfer Within 30 days of so incorporating the Notice of Activity and Use Limitation in a deed that is recorded or registered a
copy of such deed shall be submitted to the Department of Environmental Protection
NOTICE OF ACTIVITY AND USE LIMITATION 42 USC sect 9601 et seq 40 CFR Part 300 MGL c 21E sect 6 and 310 CMR 400000
[Note This Notice ofActivity and Use Limitation has been recorded pursuant to 310 CMR 400111 as part ofan institutional con rol for a site that is both a federal Supe1f11nd sire listed on the National Priorities List pursuant to Section 105 of CERCLA 42 USCsect 9605 and a disposal site under MGL c 21E]
Superfund Site Name Blackbum amp Union Privileges Superfund Site Site Location Walpole MA EPA Site Identification Number MAD982 I91363 MassDEP Release Tracking No(s) 4-3000603
ii This Notice of Activity and Use Limitation (Notice) is made as of this Jl__frac34y of n-gv1 201 by Town of Walpole 135 School Street Walpole Massachusetts togethe~with hisheritstheir successors and assigns (collectively Owner) All capitalized tenns used herein without definition shall have the meaning given to them in the Massachusetts Oil and Hazardous Materials Release Prevention and Response Act MGL c 21 E as amended (Chapter 21 E) and the Massachusetts Contingency Plan 310 CMR 400000 as amended (the MCP)
WITNESS ETH
WHEREAS Town of Walpole is the owner(s) in fee simple of those certain parcels of land located in Walpole Massachusetts Norfolk County Massachusetts with the buildings and improvements thereon pursuant to a Judgment in Tax Lien Case No 97 TL 114322 recorded with the Norfolk Registry of Deeds in Book 33107 Page 408 Judgment in Tax Lien Case No 13 TL 147512 recorded with said Deeds in Book 33107 Page 415 and Judgment in Tax Lien Case No 13 TL 14 7510 recorded with said Deeds in Book 33107 Page 413 and
Pagel of 12
WILLIAM P ODONNELL REGISTER
NORFOLK COUNTY REGISTRY OF DEEDS
RECEIVED amp RECORDED ELECTRONICALLY
Bk 39600 Pg407 88608
Judgment in Tax Lien Case No 13 TL 147513 recorded with said Deeds in Book 33107 Page 416 said parcels of land are more particularly bounded and described in Exhibit A attached hereto and made a part hereof (the Property)
WHEREAS the portion of the Property which is subject to this Notice of Activity and Use Limitation is shown on a plan titled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site recorded in the Norfolk County Registry of Deeds in Plan Book~ Plan~ a photo-reduced version of which is attached hereto as Exhibit C such area is more particularly described on Exhibit B attached hereto and made part hereof (the Restricted Area)
WHEREAS the Restricted Area of the Property is comprised of four categories of cover types (Cover Types) which are designated as the Building Footprint Areas Paved Areas Landscaped Areas and Unimproved Areas said Cover Types are shown on a plan titled Activity and Use Limitations Plan of Restricted Areas and Cover Types Blackburn amp Union Privileges Superfund Site recorded with the Norfolk County Registry of Deeds in Plan Book__]_ Plan~ (Plan of Restricted Areas) with a coordinate table a photo-reduced version of which is attached hereto as Exhibit D
WHEREAS the portions of the Restricted Area improved by buildings or other structures are designated as Building Foot Print Areas as shown on the Plan of Restricted Areas the portions of the Restricted Area which are covered with pavement are designated as Paved Areas as shown on the Plan of Restricted Areas the portions of the Restricted Area which are landscaped are designated as Landscaped Areas all other portions of the Property are designated as Unimproved Areas as shown on the Plan of Restricted Areas
WHEREAS the coordinate table which can be used to determine the boundaries of each of the Cover Types as shown on the Plan of Restricted Areas is also attached as part of Exhibit B
WHEREAS pursuant to Section 105 of the Comprehensive Environmental Response Compensation and Liability Act as amended 42 USC sect 9605 (CERCLA) and the National Contingency Plan 40 CFR sectsect 3001 et seq (the NCP) the United States Environmental Protection Agency an agency established under the laws of the United States (EPA) having its New England regional office at Five Post Office Square Boston Massachusetts 02109 (Region 1 ) placed land within the Property on the National Priorities List set forth at 40CFR Part 300 Appendix B by publication in the Federal Register on May 31 1994 Fed Reg 27989 due to a release of hazardous substances as that term is defined by the Section 104 of CERCLA 42 USC sect 9604 (Hazardous Substances) such land being a federal Superfund Site known as the Blackbum amp Union Privileges Superfund Site (Superfund Site)
WHEREAS the Plan of Restricted Areas shows the relationship of the Property and the Restricted Area to the boundaries of the Superfund Site to the extent those boundaries have been established
Page 2 of 12
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WHEREAS pursuant to Chapter 21E and the MCP the Massachusetts Department of Environmental Protection an agency established under the laws of the Commonwealth of Massachusetts having its principal office at One Winter Street Boston Massachusetts 02108 (MassDEP) assigned to releases of oil andor hazardous materials occurring at from or onto the Property MassDEP Release Tracking Number(s) 4-3000603 and all places where such oil andor hazardous materials have come to be located are a disposal site under Chapter 21 E and the MCP (the Disposal Site)
WHEREAS in a document titled Record of Decision Blackburn amp Union Privileges Superfund Site dated September 30 2008 (the ROD) said ROD being on file at the EPA Region I Record Center located at Five Post Office Square Boston Massachusetts (EPA Region 1 Record Center) EPA with the concmTence of MassDEP as evidenced by a letter of concurrence from Janine Commerford Assistant Commissioner to Mr James T Owens III Director dated September 29 2008 has selected one or more response actions (collectively the Selected Remedy) for the Superfund Site in accordance with CERCLA and the NCP
WHEREAS the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) (the OampM Plan)
WHEREAS the Selected Remedy is based in part upon the restriction of human access to and contact with Hazardous Substances in soil sediment andor groundwater and the restriction of certain uses and activities occurring in on through over or under the Restricted Areas
WHEREAS in a document titled Institutional Control Design Statement for the
- lackbum and Union Privileges Superfund Site -East of South Street Area dated
(the IC Design Statement) said IC Design Statement being attached he eto as Exhibit E EPA approved a remedial design for land use restrictions and other institutional controls at the Superfund Site
WHEREAS the JC Design Statement contains a description of the basis for land use restrictions and the release event(s) or site history that resulted in the contaminated media subject to this Notice including (a) a statement that specifies why the Notice is necessary to the Selected Remedy (b) a description of the release event(s) or site history that resulted in the contaminated media subject to the Notice (ie date of the release(s) to the extent known release volumes(s) and response actions taken to address the release(s)) (c) a description of the contaminated media (ie media type(s) and approximate vertical and horizontal extent) subject to the Notice ( d) a statement of which activities and uses are consistent and which are inconsistent with maintaining the Selected Remedy (e) a description of all other components of the institutional and land use controls at the Property
WHEREAS the tenn Ground Surface as used herein shall mean in Paved Areas and in Building Footprint Areas the uppem10st surface of the ground located immediately below any pavement in Paved Areas or under any buildings or stmctures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppermost surface of the ground based upon the surface elevations depicted in Exhibit C attached hereto
Page 3 of 12
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WHEREAS pursuant to 3IO CMR 4001 1 I(1 ) MassDEP shal1 deem response actions at a disposal site subject to CERCLA adequately regulated for purposes of compliance with the MCP provided certain enumerated conditions are satisfied including disposal sites subject to CERCLA with respect to which MassDEP has issued a letter of concurrence
WHEREAS pursuant to 3IO CMR 400111 land use controls may be implemented at disposal sites deemed adequately regulated under CERCLA by means of a Notice of Activity and Use Limitation and
WHEREAS pursuant to 310 CMR 400111(10) disposal sites adequately regulated under CERCLA at which (a) remedial actions have been completed in accordance with the ROD for the site (b) subsequent design construction and other pertinent plans have been approved by EPA and ( c) EPA has certified completion of the remedial action will be considered to have achieved a Pennanent Solution under MGL c 21E and the MCP for those hazardous substances subject to such remedial actions
NOW THEREFORE notice is hereby given that the activity and use limitations required by the ROD and more particularly set forth in the IC Design Statement are as follows
I Activities and Uses Consistent with Maintaining the Selected Remedy The following Activities and Uses are consistent with maintaining the Selected Remedy and as such may occur on the Restricted Area without compromising the Permanent Solution that has been achieved for the Site
i Any response actions necessary to maintain the Selected Remedy (including without limitation sampling of existing wel1s and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
11 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
iii Non-residential school and day care uses
1v Paving repaving andor maintenance by adult workers of the Paved Areas provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
v Maintenance work by adult workers in the Landscaped Areas that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or barrier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in
Page 4 of 12
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Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
v1 Without limiting Subparagraph I (v) above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan CSMP) The SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation ofwork Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement ofpipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage storm water gas fuel oil electricity and communications
The SMP shall provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
a Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored on the prope1ty
b Appropriate measures shall be taken to secure stored soil and to control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
c Groundwater monitoring we1ls shall be repaired or replaced if damaged
d Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
e A date on which the SMP expires if required by EPA and MassDEP
f A report to be submitted to MassDEP and EPA at the completion of the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health
Page 5 of 12
Bk 39600 Pg411 88608
and safety provisions of 29 Code of Federal Regulation Section 1910 120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Notwithstanding subparagraph 1(vi)(f) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
Vil Such other activities and uses not identified in Paragraph 2 below as being activities and uses inconsistent with maintaining the Selected Remedy
2 Activities and Uses Inconsistent with Maintaining the Selected Remedy The following Activities and Uses are inconsistent with maintaining the Selected Remedy and as such may not occur on the Restricted Area without compromising the Permanent Solution that has been achieved for the Site
i Residential use or activity
11 Except as permitted in Paragraph 1i above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
111 Except as permitted by Section I above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
1v Agricultural use or activity except for raised garden beds approved in accordance with Section l(vi)
v Construction or installation of a bu iiding or structure for human occupancy without prior written approval of EPA
vi Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
Page 6 of 12
Bk 39600 Pg412 88608
3 Obligations and Conditions The following obligations andor conditions are necessary and shall be undertaken at the Property to maintain the Selected Remedy and to avoid compromising the Permanent Solution that has been achieved for the Site
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
11 If EPA has provided written notice that EPA has determined that the parties responsible under the OampM Plan are no longer able to submit an annual compliance letter regarding this NAUL the owner of the Property shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the Restricted Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such cel1ifications are based
4 Emergency Excavation If it becomes necessary to excavate within the Restricted Area as pal1 of a response to an emergency (for example repairing utility lines or responding to a fire or flood) the provisions of Paragraph 1 of this Notice shall be suspended with respect to such excavation to the extent necessary to permit such response provided that the Owner
(i) orally notifies the following persons of such emergency as soon as possible but no later than two (2) hours after having learned of such emergency
A EPA National Response Center at (800) 424-8802 and EPA Region 1 Office of Site Remediation and Restoration Emergency Planning and Response Branch at 888-3 72-7341 and
B MassDEP Emergency Response at (888) 304-1133 and MassDEP Southeast Regional Office of Emergency Response Section at 508-946-2850
or such other persons as MassDEP and EPA respectively may identify in writing from time to time to Owner for such oral emergency response notifications
(ii) notifies MassDEP and EPA in writing of such emergency no later than five (5) days after having learned of such emergency such notifications to be sent to the following addresses
A MassDEP Southeast Regional Office 20 Riverside Drive Lakeville MA 02347 and
Page 7 of 12
Bk 39600 Pg413 88608
B EPA New England Region I 5 Post Office Square - Suite 100 Boston MA 02109-3912
or to such addresses as MassDEP and EPA respectively may identify in writing from time to time to Owner for such written emergency response notifications
(iii) limits the actual disturbance involved in such excavation to the minimum reasonably necessary to adequately respond to the emergency
(iv) implements all measures necessary to limit actual or potential risk to the public health and environment
(v) engages a qualified hazardous waste site cleanup professional such as a Licensed Site Professional (LSP) as defined in the MCP at 310 CMR 400006(12) to oversee the implementation of this Paragraph and to prepare and oversee the implementation of a written plan (Emergency Restoration Plan) that will restore the Property to a condition that meets or exceeds the performance standards established under the ROD for the Selected Remedy and that is consistent with this Notice and to review and evaluate response actions contained in the Emergency Restoration Plan to ensure minimal disturbance of any contaminated soils and sediments and
(vi) performs all actions laid out in the Emergency Restoration Plan within thirty (30) days of the occutTence of the emergency or within such other time period as may be approved by MassDEP and EPA in writing and submit a copy of the Emergency Restoration Plan to MassDEP and EPA within ten (10) days of its performance with a statement from the cleanup professional confirming that the Property has been restored to the standard described above
5 Proposed Changes in Activities and Uses Amendments Pursuant to 310 CMR 4001 l l(amp)(c) the Owner must notify and obtain approval from EPA and MassDEP of any proposed change in activities and uses at the Property that is not provided for in this Notice Pursuant to 3 IO CMR 400111 (8)( d) the Owner must obtain EPA and MassDEP approval of any Amendment or Termination of this Notice All EPA and MassDEP approvals of any Amendment or Termination of this Notice must be in writing and be recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s) to be effective
6 Violations The activities uses andor exposures upon which this Notice is based must not change at any time to (a) cause risks that are not protective of human health or the environment pursuant to the criteria set forth in the NCP at 40 CFR
Page 8 of12
Bk 39600 Pg414 88608
300430(e)(2)(i) (b) interfere with the Selected Remedy or (c) cause a significant risk of harm to health safety public welfare or the environment pursuant to Chapter 21E and the MCP
Compliance with the terms and conditions of this Notice is subject to enforcement pursuant to Chapter 21 E the MCP MGL c 21 A sect 16 and 310 CMR 5 00 and CERCLA and the NCP Such enforcement may include without limitation enforcement with respect to (a) any activities or uses that may occur that are described in Paragraph 2 of this Notice as being inconsistent with the Selected Remedy (b) any failure to undertake any obligations and conditions described in Paragraph 3 of this Notice as being necessary to maintain the Selected Remedy and (c) any other failure to maintain the Selected Remedy or Pem1anent Solution resulting from a failure to act consistently with this Notice
7 Incorporation Into Deeds Mortgages Leases and Instruments of Transfer This Notice shall be incorporated either in full or by reference into all future deeds easements mortgages leases licenses occupancy agreements or any other instrument of transfer whereby an interest in andor a right to use the Property or a portion thereof is conveyed in accordance with 310 CMR 401074(5)
8 Reservation of Rights
This instrument shall not limit or otherwise affect the right of EPA andor MassDEP to obtain access to or restrict the use of the Property pursuant to CERCLA Chapter 21 E or any other applicable statute or regulation
This instrument shall not release the Owner or any other party from liability for releases of oil or hazardous substances or materials nor shall this instrument excuse the Owner or any other party from complying with CERCLA Chapter 21 E or any other applicable federal state or local laws regulations or ordinances or by-laws
Owner hereby authorizes and consents to the filing and recordation andor registration of this Notice said Notice to become effective when recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s)
Page 9 of 12
Town of Walpole acting by and through the Board of Selectmen
n Town Administrator authorized by ard of Selectmen recorded herewith
Bk 39600 Pg415 88608
Witness the execution of this instrument under seal this 21_ day of df 11 ( 2021
COMMONWE
COUNTY OF NORFOLK ss
~ On this 21 day of 4f1 2021 before me the undersigned notary public
personally appeared James Johnson as Town Administrator for the Town of Walpole and proved to me to through satisfactory evidence of identification which was ~6laquo~ ~ -fr VJ1e [indicate ifdrivers license or passport or other document] to be the person whose name is signed on the preceding or attached document and acknowledged to me that signed it voluntarily for its stated purpose
Name CA~ U ~
My Commission Expires July S 2t)z
Page 10 of 12
--------
Bk 39600 Pg416 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States Environmental Protection Agency Region I hereby approves this Notice of Activity and Use Limitation
Name 8r~Cltvi Olso Director Superfund and Emerncy Management Division (SEMO)
US Environmental Protection Agency Region I
In accordance with MGL c 21E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Department of Environmental Protection hereby approves this Notice of Activity and Use Limitation (as to form only)
Date Paul W Locke Assistant Commissioner Bureau of Waste Site Cleanup Department of Environmental Protection
Page 11 of 12
---------------
Bk 39600 Pg417 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States EobulliionmenlaJ Protectioo Agency Region I hereby appro1es this Notice of Activity and Use Limitation
Date ~------
Name Director Superfund and Emergency Management Division (SEMO)
US Environmental Prokction i0 ency Region I
Jn accordance with MGL c 21 E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Depamnent ofEmironmental Prolectioo hereby approves this Norice ofActivity
and Use Limilarioo (as ro funn ooly)_ ~~
Dale 4r S microlJ ~ Paul W Locke Assisrant Commissioner Bureau ofWaste Site Cleanup Department of Environmental Protection
Page 11 of 12
Bk 39600 Pg418 88608
List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
Page 12 of 12
Bk 39600 Pg419 88608
EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
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2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
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Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
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on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
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2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
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4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg407 88608
Judgment in Tax Lien Case No 13 TL 147513 recorded with said Deeds in Book 33107 Page 416 said parcels of land are more particularly bounded and described in Exhibit A attached hereto and made a part hereof (the Property)
WHEREAS the portion of the Property which is subject to this Notice of Activity and Use Limitation is shown on a plan titled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site recorded in the Norfolk County Registry of Deeds in Plan Book~ Plan~ a photo-reduced version of which is attached hereto as Exhibit C such area is more particularly described on Exhibit B attached hereto and made part hereof (the Restricted Area)
WHEREAS the Restricted Area of the Property is comprised of four categories of cover types (Cover Types) which are designated as the Building Footprint Areas Paved Areas Landscaped Areas and Unimproved Areas said Cover Types are shown on a plan titled Activity and Use Limitations Plan of Restricted Areas and Cover Types Blackburn amp Union Privileges Superfund Site recorded with the Norfolk County Registry of Deeds in Plan Book__]_ Plan~ (Plan of Restricted Areas) with a coordinate table a photo-reduced version of which is attached hereto as Exhibit D
WHEREAS the portions of the Restricted Area improved by buildings or other structures are designated as Building Foot Print Areas as shown on the Plan of Restricted Areas the portions of the Restricted Area which are covered with pavement are designated as Paved Areas as shown on the Plan of Restricted Areas the portions of the Restricted Area which are landscaped are designated as Landscaped Areas all other portions of the Property are designated as Unimproved Areas as shown on the Plan of Restricted Areas
WHEREAS the coordinate table which can be used to determine the boundaries of each of the Cover Types as shown on the Plan of Restricted Areas is also attached as part of Exhibit B
WHEREAS pursuant to Section 105 of the Comprehensive Environmental Response Compensation and Liability Act as amended 42 USC sect 9605 (CERCLA) and the National Contingency Plan 40 CFR sectsect 3001 et seq (the NCP) the United States Environmental Protection Agency an agency established under the laws of the United States (EPA) having its New England regional office at Five Post Office Square Boston Massachusetts 02109 (Region 1 ) placed land within the Property on the National Priorities List set forth at 40CFR Part 300 Appendix B by publication in the Federal Register on May 31 1994 Fed Reg 27989 due to a release of hazardous substances as that term is defined by the Section 104 of CERCLA 42 USC sect 9604 (Hazardous Substances) such land being a federal Superfund Site known as the Blackbum amp Union Privileges Superfund Site (Superfund Site)
WHEREAS the Plan of Restricted Areas shows the relationship of the Property and the Restricted Area to the boundaries of the Superfund Site to the extent those boundaries have been established
Page 2 of 12
Bk 39600 Pg408 88608
WHEREAS pursuant to Chapter 21E and the MCP the Massachusetts Department of Environmental Protection an agency established under the laws of the Commonwealth of Massachusetts having its principal office at One Winter Street Boston Massachusetts 02108 (MassDEP) assigned to releases of oil andor hazardous materials occurring at from or onto the Property MassDEP Release Tracking Number(s) 4-3000603 and all places where such oil andor hazardous materials have come to be located are a disposal site under Chapter 21 E and the MCP (the Disposal Site)
WHEREAS in a document titled Record of Decision Blackburn amp Union Privileges Superfund Site dated September 30 2008 (the ROD) said ROD being on file at the EPA Region I Record Center located at Five Post Office Square Boston Massachusetts (EPA Region 1 Record Center) EPA with the concmTence of MassDEP as evidenced by a letter of concurrence from Janine Commerford Assistant Commissioner to Mr James T Owens III Director dated September 29 2008 has selected one or more response actions (collectively the Selected Remedy) for the Superfund Site in accordance with CERCLA and the NCP
WHEREAS the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) (the OampM Plan)
WHEREAS the Selected Remedy is based in part upon the restriction of human access to and contact with Hazardous Substances in soil sediment andor groundwater and the restriction of certain uses and activities occurring in on through over or under the Restricted Areas
WHEREAS in a document titled Institutional Control Design Statement for the
- lackbum and Union Privileges Superfund Site -East of South Street Area dated
(the IC Design Statement) said IC Design Statement being attached he eto as Exhibit E EPA approved a remedial design for land use restrictions and other institutional controls at the Superfund Site
WHEREAS the JC Design Statement contains a description of the basis for land use restrictions and the release event(s) or site history that resulted in the contaminated media subject to this Notice including (a) a statement that specifies why the Notice is necessary to the Selected Remedy (b) a description of the release event(s) or site history that resulted in the contaminated media subject to the Notice (ie date of the release(s) to the extent known release volumes(s) and response actions taken to address the release(s)) (c) a description of the contaminated media (ie media type(s) and approximate vertical and horizontal extent) subject to the Notice ( d) a statement of which activities and uses are consistent and which are inconsistent with maintaining the Selected Remedy (e) a description of all other components of the institutional and land use controls at the Property
WHEREAS the tenn Ground Surface as used herein shall mean in Paved Areas and in Building Footprint Areas the uppem10st surface of the ground located immediately below any pavement in Paved Areas or under any buildings or stmctures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppermost surface of the ground based upon the surface elevations depicted in Exhibit C attached hereto
Page 3 of 12
Bk 39600 Pg409 88608
WHEREAS pursuant to 3IO CMR 4001 1 I(1 ) MassDEP shal1 deem response actions at a disposal site subject to CERCLA adequately regulated for purposes of compliance with the MCP provided certain enumerated conditions are satisfied including disposal sites subject to CERCLA with respect to which MassDEP has issued a letter of concurrence
WHEREAS pursuant to 3IO CMR 400111 land use controls may be implemented at disposal sites deemed adequately regulated under CERCLA by means of a Notice of Activity and Use Limitation and
WHEREAS pursuant to 310 CMR 400111(10) disposal sites adequately regulated under CERCLA at which (a) remedial actions have been completed in accordance with the ROD for the site (b) subsequent design construction and other pertinent plans have been approved by EPA and ( c) EPA has certified completion of the remedial action will be considered to have achieved a Pennanent Solution under MGL c 21E and the MCP for those hazardous substances subject to such remedial actions
NOW THEREFORE notice is hereby given that the activity and use limitations required by the ROD and more particularly set forth in the IC Design Statement are as follows
I Activities and Uses Consistent with Maintaining the Selected Remedy The following Activities and Uses are consistent with maintaining the Selected Remedy and as such may occur on the Restricted Area without compromising the Permanent Solution that has been achieved for the Site
i Any response actions necessary to maintain the Selected Remedy (including without limitation sampling of existing wel1s and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
11 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
iii Non-residential school and day care uses
1v Paving repaving andor maintenance by adult workers of the Paved Areas provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
v Maintenance work by adult workers in the Landscaped Areas that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or barrier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in
Page 4 of 12
Bk 39600 Pg410 88608
Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
v1 Without limiting Subparagraph I (v) above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan CSMP) The SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation ofwork Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement ofpipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage storm water gas fuel oil electricity and communications
The SMP shall provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
a Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored on the prope1ty
b Appropriate measures shall be taken to secure stored soil and to control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
c Groundwater monitoring we1ls shall be repaired or replaced if damaged
d Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
e A date on which the SMP expires if required by EPA and MassDEP
f A report to be submitted to MassDEP and EPA at the completion of the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health
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and safety provisions of 29 Code of Federal Regulation Section 1910 120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Notwithstanding subparagraph 1(vi)(f) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
Vil Such other activities and uses not identified in Paragraph 2 below as being activities and uses inconsistent with maintaining the Selected Remedy
2 Activities and Uses Inconsistent with Maintaining the Selected Remedy The following Activities and Uses are inconsistent with maintaining the Selected Remedy and as such may not occur on the Restricted Area without compromising the Permanent Solution that has been achieved for the Site
i Residential use or activity
11 Except as permitted in Paragraph 1i above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
111 Except as permitted by Section I above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
1v Agricultural use or activity except for raised garden beds approved in accordance with Section l(vi)
v Construction or installation of a bu iiding or structure for human occupancy without prior written approval of EPA
vi Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
Page 6 of 12
Bk 39600 Pg412 88608
3 Obligations and Conditions The following obligations andor conditions are necessary and shall be undertaken at the Property to maintain the Selected Remedy and to avoid compromising the Permanent Solution that has been achieved for the Site
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
11 If EPA has provided written notice that EPA has determined that the parties responsible under the OampM Plan are no longer able to submit an annual compliance letter regarding this NAUL the owner of the Property shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the Restricted Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such cel1ifications are based
4 Emergency Excavation If it becomes necessary to excavate within the Restricted Area as pal1 of a response to an emergency (for example repairing utility lines or responding to a fire or flood) the provisions of Paragraph 1 of this Notice shall be suspended with respect to such excavation to the extent necessary to permit such response provided that the Owner
(i) orally notifies the following persons of such emergency as soon as possible but no later than two (2) hours after having learned of such emergency
A EPA National Response Center at (800) 424-8802 and EPA Region 1 Office of Site Remediation and Restoration Emergency Planning and Response Branch at 888-3 72-7341 and
B MassDEP Emergency Response at (888) 304-1133 and MassDEP Southeast Regional Office of Emergency Response Section at 508-946-2850
or such other persons as MassDEP and EPA respectively may identify in writing from time to time to Owner for such oral emergency response notifications
(ii) notifies MassDEP and EPA in writing of such emergency no later than five (5) days after having learned of such emergency such notifications to be sent to the following addresses
A MassDEP Southeast Regional Office 20 Riverside Drive Lakeville MA 02347 and
Page 7 of 12
Bk 39600 Pg413 88608
B EPA New England Region I 5 Post Office Square - Suite 100 Boston MA 02109-3912
or to such addresses as MassDEP and EPA respectively may identify in writing from time to time to Owner for such written emergency response notifications
(iii) limits the actual disturbance involved in such excavation to the minimum reasonably necessary to adequately respond to the emergency
(iv) implements all measures necessary to limit actual or potential risk to the public health and environment
(v) engages a qualified hazardous waste site cleanup professional such as a Licensed Site Professional (LSP) as defined in the MCP at 310 CMR 400006(12) to oversee the implementation of this Paragraph and to prepare and oversee the implementation of a written plan (Emergency Restoration Plan) that will restore the Property to a condition that meets or exceeds the performance standards established under the ROD for the Selected Remedy and that is consistent with this Notice and to review and evaluate response actions contained in the Emergency Restoration Plan to ensure minimal disturbance of any contaminated soils and sediments and
(vi) performs all actions laid out in the Emergency Restoration Plan within thirty (30) days of the occutTence of the emergency or within such other time period as may be approved by MassDEP and EPA in writing and submit a copy of the Emergency Restoration Plan to MassDEP and EPA within ten (10) days of its performance with a statement from the cleanup professional confirming that the Property has been restored to the standard described above
5 Proposed Changes in Activities and Uses Amendments Pursuant to 310 CMR 4001 l l(amp)(c) the Owner must notify and obtain approval from EPA and MassDEP of any proposed change in activities and uses at the Property that is not provided for in this Notice Pursuant to 3 IO CMR 400111 (8)( d) the Owner must obtain EPA and MassDEP approval of any Amendment or Termination of this Notice All EPA and MassDEP approvals of any Amendment or Termination of this Notice must be in writing and be recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s) to be effective
6 Violations The activities uses andor exposures upon which this Notice is based must not change at any time to (a) cause risks that are not protective of human health or the environment pursuant to the criteria set forth in the NCP at 40 CFR
Page 8 of12
Bk 39600 Pg414 88608
300430(e)(2)(i) (b) interfere with the Selected Remedy or (c) cause a significant risk of harm to health safety public welfare or the environment pursuant to Chapter 21E and the MCP
Compliance with the terms and conditions of this Notice is subject to enforcement pursuant to Chapter 21 E the MCP MGL c 21 A sect 16 and 310 CMR 5 00 and CERCLA and the NCP Such enforcement may include without limitation enforcement with respect to (a) any activities or uses that may occur that are described in Paragraph 2 of this Notice as being inconsistent with the Selected Remedy (b) any failure to undertake any obligations and conditions described in Paragraph 3 of this Notice as being necessary to maintain the Selected Remedy and (c) any other failure to maintain the Selected Remedy or Pem1anent Solution resulting from a failure to act consistently with this Notice
7 Incorporation Into Deeds Mortgages Leases and Instruments of Transfer This Notice shall be incorporated either in full or by reference into all future deeds easements mortgages leases licenses occupancy agreements or any other instrument of transfer whereby an interest in andor a right to use the Property or a portion thereof is conveyed in accordance with 310 CMR 401074(5)
8 Reservation of Rights
This instrument shall not limit or otherwise affect the right of EPA andor MassDEP to obtain access to or restrict the use of the Property pursuant to CERCLA Chapter 21 E or any other applicable statute or regulation
This instrument shall not release the Owner or any other party from liability for releases of oil or hazardous substances or materials nor shall this instrument excuse the Owner or any other party from complying with CERCLA Chapter 21 E or any other applicable federal state or local laws regulations or ordinances or by-laws
Owner hereby authorizes and consents to the filing and recordation andor registration of this Notice said Notice to become effective when recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s)
Page 9 of 12
Town of Walpole acting by and through the Board of Selectmen
n Town Administrator authorized by ard of Selectmen recorded herewith
Bk 39600 Pg415 88608
Witness the execution of this instrument under seal this 21_ day of df 11 ( 2021
COMMONWE
COUNTY OF NORFOLK ss
~ On this 21 day of 4f1 2021 before me the undersigned notary public
personally appeared James Johnson as Town Administrator for the Town of Walpole and proved to me to through satisfactory evidence of identification which was ~6laquo~ ~ -fr VJ1e [indicate ifdrivers license or passport or other document] to be the person whose name is signed on the preceding or attached document and acknowledged to me that signed it voluntarily for its stated purpose
Name CA~ U ~
My Commission Expires July S 2t)z
Page 10 of 12
--------
Bk 39600 Pg416 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States Environmental Protection Agency Region I hereby approves this Notice of Activity and Use Limitation
Name 8r~Cltvi Olso Director Superfund and Emerncy Management Division (SEMO)
US Environmental Protection Agency Region I
In accordance with MGL c 21E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Department of Environmental Protection hereby approves this Notice of Activity and Use Limitation (as to form only)
Date Paul W Locke Assistant Commissioner Bureau of Waste Site Cleanup Department of Environmental Protection
Page 11 of 12
---------------
Bk 39600 Pg417 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States EobulliionmenlaJ Protectioo Agency Region I hereby appro1es this Notice of Activity and Use Limitation
Date ~------
Name Director Superfund and Emergency Management Division (SEMO)
US Environmental Prokction i0 ency Region I
Jn accordance with MGL c 21 E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Depamnent ofEmironmental Prolectioo hereby approves this Norice ofActivity
and Use Limilarioo (as ro funn ooly)_ ~~
Dale 4r S microlJ ~ Paul W Locke Assisrant Commissioner Bureau ofWaste Site Cleanup Department of Environmental Protection
Page 11 of 12
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List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
Page 12 of 12
Bk 39600 Pg419 88608
EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
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Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
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Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg408 88608
WHEREAS pursuant to Chapter 21E and the MCP the Massachusetts Department of Environmental Protection an agency established under the laws of the Commonwealth of Massachusetts having its principal office at One Winter Street Boston Massachusetts 02108 (MassDEP) assigned to releases of oil andor hazardous materials occurring at from or onto the Property MassDEP Release Tracking Number(s) 4-3000603 and all places where such oil andor hazardous materials have come to be located are a disposal site under Chapter 21 E and the MCP (the Disposal Site)
WHEREAS in a document titled Record of Decision Blackburn amp Union Privileges Superfund Site dated September 30 2008 (the ROD) said ROD being on file at the EPA Region I Record Center located at Five Post Office Square Boston Massachusetts (EPA Region 1 Record Center) EPA with the concmTence of MassDEP as evidenced by a letter of concurrence from Janine Commerford Assistant Commissioner to Mr James T Owens III Director dated September 29 2008 has selected one or more response actions (collectively the Selected Remedy) for the Superfund Site in accordance with CERCLA and the NCP
WHEREAS the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) (the OampM Plan)
WHEREAS the Selected Remedy is based in part upon the restriction of human access to and contact with Hazardous Substances in soil sediment andor groundwater and the restriction of certain uses and activities occurring in on through over or under the Restricted Areas
WHEREAS in a document titled Institutional Control Design Statement for the
- lackbum and Union Privileges Superfund Site -East of South Street Area dated
(the IC Design Statement) said IC Design Statement being attached he eto as Exhibit E EPA approved a remedial design for land use restrictions and other institutional controls at the Superfund Site
WHEREAS the JC Design Statement contains a description of the basis for land use restrictions and the release event(s) or site history that resulted in the contaminated media subject to this Notice including (a) a statement that specifies why the Notice is necessary to the Selected Remedy (b) a description of the release event(s) or site history that resulted in the contaminated media subject to the Notice (ie date of the release(s) to the extent known release volumes(s) and response actions taken to address the release(s)) (c) a description of the contaminated media (ie media type(s) and approximate vertical and horizontal extent) subject to the Notice ( d) a statement of which activities and uses are consistent and which are inconsistent with maintaining the Selected Remedy (e) a description of all other components of the institutional and land use controls at the Property
WHEREAS the tenn Ground Surface as used herein shall mean in Paved Areas and in Building Footprint Areas the uppem10st surface of the ground located immediately below any pavement in Paved Areas or under any buildings or stmctures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppermost surface of the ground based upon the surface elevations depicted in Exhibit C attached hereto
Page 3 of 12
Bk 39600 Pg409 88608
WHEREAS pursuant to 3IO CMR 4001 1 I(1 ) MassDEP shal1 deem response actions at a disposal site subject to CERCLA adequately regulated for purposes of compliance with the MCP provided certain enumerated conditions are satisfied including disposal sites subject to CERCLA with respect to which MassDEP has issued a letter of concurrence
WHEREAS pursuant to 3IO CMR 400111 land use controls may be implemented at disposal sites deemed adequately regulated under CERCLA by means of a Notice of Activity and Use Limitation and
WHEREAS pursuant to 310 CMR 400111(10) disposal sites adequately regulated under CERCLA at which (a) remedial actions have been completed in accordance with the ROD for the site (b) subsequent design construction and other pertinent plans have been approved by EPA and ( c) EPA has certified completion of the remedial action will be considered to have achieved a Pennanent Solution under MGL c 21E and the MCP for those hazardous substances subject to such remedial actions
NOW THEREFORE notice is hereby given that the activity and use limitations required by the ROD and more particularly set forth in the IC Design Statement are as follows
I Activities and Uses Consistent with Maintaining the Selected Remedy The following Activities and Uses are consistent with maintaining the Selected Remedy and as such may occur on the Restricted Area without compromising the Permanent Solution that has been achieved for the Site
i Any response actions necessary to maintain the Selected Remedy (including without limitation sampling of existing wel1s and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
11 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
iii Non-residential school and day care uses
1v Paving repaving andor maintenance by adult workers of the Paved Areas provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
v Maintenance work by adult workers in the Landscaped Areas that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or barrier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in
Page 4 of 12
Bk 39600 Pg410 88608
Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
v1 Without limiting Subparagraph I (v) above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan CSMP) The SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation ofwork Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement ofpipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage storm water gas fuel oil electricity and communications
The SMP shall provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
a Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored on the prope1ty
b Appropriate measures shall be taken to secure stored soil and to control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
c Groundwater monitoring we1ls shall be repaired or replaced if damaged
d Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
e A date on which the SMP expires if required by EPA and MassDEP
f A report to be submitted to MassDEP and EPA at the completion of the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health
Page 5 of 12
Bk 39600 Pg411 88608
and safety provisions of 29 Code of Federal Regulation Section 1910 120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Notwithstanding subparagraph 1(vi)(f) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
Vil Such other activities and uses not identified in Paragraph 2 below as being activities and uses inconsistent with maintaining the Selected Remedy
2 Activities and Uses Inconsistent with Maintaining the Selected Remedy The following Activities and Uses are inconsistent with maintaining the Selected Remedy and as such may not occur on the Restricted Area without compromising the Permanent Solution that has been achieved for the Site
i Residential use or activity
11 Except as permitted in Paragraph 1i above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
111 Except as permitted by Section I above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
1v Agricultural use or activity except for raised garden beds approved in accordance with Section l(vi)
v Construction or installation of a bu iiding or structure for human occupancy without prior written approval of EPA
vi Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
Page 6 of 12
Bk 39600 Pg412 88608
3 Obligations and Conditions The following obligations andor conditions are necessary and shall be undertaken at the Property to maintain the Selected Remedy and to avoid compromising the Permanent Solution that has been achieved for the Site
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
11 If EPA has provided written notice that EPA has determined that the parties responsible under the OampM Plan are no longer able to submit an annual compliance letter regarding this NAUL the owner of the Property shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the Restricted Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such cel1ifications are based
4 Emergency Excavation If it becomes necessary to excavate within the Restricted Area as pal1 of a response to an emergency (for example repairing utility lines or responding to a fire or flood) the provisions of Paragraph 1 of this Notice shall be suspended with respect to such excavation to the extent necessary to permit such response provided that the Owner
(i) orally notifies the following persons of such emergency as soon as possible but no later than two (2) hours after having learned of such emergency
A EPA National Response Center at (800) 424-8802 and EPA Region 1 Office of Site Remediation and Restoration Emergency Planning and Response Branch at 888-3 72-7341 and
B MassDEP Emergency Response at (888) 304-1133 and MassDEP Southeast Regional Office of Emergency Response Section at 508-946-2850
or such other persons as MassDEP and EPA respectively may identify in writing from time to time to Owner for such oral emergency response notifications
(ii) notifies MassDEP and EPA in writing of such emergency no later than five (5) days after having learned of such emergency such notifications to be sent to the following addresses
A MassDEP Southeast Regional Office 20 Riverside Drive Lakeville MA 02347 and
Page 7 of 12
Bk 39600 Pg413 88608
B EPA New England Region I 5 Post Office Square - Suite 100 Boston MA 02109-3912
or to such addresses as MassDEP and EPA respectively may identify in writing from time to time to Owner for such written emergency response notifications
(iii) limits the actual disturbance involved in such excavation to the minimum reasonably necessary to adequately respond to the emergency
(iv) implements all measures necessary to limit actual or potential risk to the public health and environment
(v) engages a qualified hazardous waste site cleanup professional such as a Licensed Site Professional (LSP) as defined in the MCP at 310 CMR 400006(12) to oversee the implementation of this Paragraph and to prepare and oversee the implementation of a written plan (Emergency Restoration Plan) that will restore the Property to a condition that meets or exceeds the performance standards established under the ROD for the Selected Remedy and that is consistent with this Notice and to review and evaluate response actions contained in the Emergency Restoration Plan to ensure minimal disturbance of any contaminated soils and sediments and
(vi) performs all actions laid out in the Emergency Restoration Plan within thirty (30) days of the occutTence of the emergency or within such other time period as may be approved by MassDEP and EPA in writing and submit a copy of the Emergency Restoration Plan to MassDEP and EPA within ten (10) days of its performance with a statement from the cleanup professional confirming that the Property has been restored to the standard described above
5 Proposed Changes in Activities and Uses Amendments Pursuant to 310 CMR 4001 l l(amp)(c) the Owner must notify and obtain approval from EPA and MassDEP of any proposed change in activities and uses at the Property that is not provided for in this Notice Pursuant to 3 IO CMR 400111 (8)( d) the Owner must obtain EPA and MassDEP approval of any Amendment or Termination of this Notice All EPA and MassDEP approvals of any Amendment or Termination of this Notice must be in writing and be recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s) to be effective
6 Violations The activities uses andor exposures upon which this Notice is based must not change at any time to (a) cause risks that are not protective of human health or the environment pursuant to the criteria set forth in the NCP at 40 CFR
Page 8 of12
Bk 39600 Pg414 88608
300430(e)(2)(i) (b) interfere with the Selected Remedy or (c) cause a significant risk of harm to health safety public welfare or the environment pursuant to Chapter 21E and the MCP
Compliance with the terms and conditions of this Notice is subject to enforcement pursuant to Chapter 21 E the MCP MGL c 21 A sect 16 and 310 CMR 5 00 and CERCLA and the NCP Such enforcement may include without limitation enforcement with respect to (a) any activities or uses that may occur that are described in Paragraph 2 of this Notice as being inconsistent with the Selected Remedy (b) any failure to undertake any obligations and conditions described in Paragraph 3 of this Notice as being necessary to maintain the Selected Remedy and (c) any other failure to maintain the Selected Remedy or Pem1anent Solution resulting from a failure to act consistently with this Notice
7 Incorporation Into Deeds Mortgages Leases and Instruments of Transfer This Notice shall be incorporated either in full or by reference into all future deeds easements mortgages leases licenses occupancy agreements or any other instrument of transfer whereby an interest in andor a right to use the Property or a portion thereof is conveyed in accordance with 310 CMR 401074(5)
8 Reservation of Rights
This instrument shall not limit or otherwise affect the right of EPA andor MassDEP to obtain access to or restrict the use of the Property pursuant to CERCLA Chapter 21 E or any other applicable statute or regulation
This instrument shall not release the Owner or any other party from liability for releases of oil or hazardous substances or materials nor shall this instrument excuse the Owner or any other party from complying with CERCLA Chapter 21 E or any other applicable federal state or local laws regulations or ordinances or by-laws
Owner hereby authorizes and consents to the filing and recordation andor registration of this Notice said Notice to become effective when recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s)
Page 9 of 12
Town of Walpole acting by and through the Board of Selectmen
n Town Administrator authorized by ard of Selectmen recorded herewith
Bk 39600 Pg415 88608
Witness the execution of this instrument under seal this 21_ day of df 11 ( 2021
COMMONWE
COUNTY OF NORFOLK ss
~ On this 21 day of 4f1 2021 before me the undersigned notary public
personally appeared James Johnson as Town Administrator for the Town of Walpole and proved to me to through satisfactory evidence of identification which was ~6laquo~ ~ -fr VJ1e [indicate ifdrivers license or passport or other document] to be the person whose name is signed on the preceding or attached document and acknowledged to me that signed it voluntarily for its stated purpose
Name CA~ U ~
My Commission Expires July S 2t)z
Page 10 of 12
--------
Bk 39600 Pg416 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States Environmental Protection Agency Region I hereby approves this Notice of Activity and Use Limitation
Name 8r~Cltvi Olso Director Superfund and Emerncy Management Division (SEMO)
US Environmental Protection Agency Region I
In accordance with MGL c 21E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Department of Environmental Protection hereby approves this Notice of Activity and Use Limitation (as to form only)
Date Paul W Locke Assistant Commissioner Bureau of Waste Site Cleanup Department of Environmental Protection
Page 11 of 12
---------------
Bk 39600 Pg417 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States EobulliionmenlaJ Protectioo Agency Region I hereby appro1es this Notice of Activity and Use Limitation
Date ~------
Name Director Superfund and Emergency Management Division (SEMO)
US Environmental Prokction i0 ency Region I
Jn accordance with MGL c 21 E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Depamnent ofEmironmental Prolectioo hereby approves this Norice ofActivity
and Use Limilarioo (as ro funn ooly)_ ~~
Dale 4r S microlJ ~ Paul W Locke Assisrant Commissioner Bureau ofWaste Site Cleanup Department of Environmental Protection
Page 11 of 12
Bk 39600 Pg418 88608
List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
Page 12 of 12
Bk 39600 Pg419 88608
EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg409 88608
WHEREAS pursuant to 3IO CMR 4001 1 I(1 ) MassDEP shal1 deem response actions at a disposal site subject to CERCLA adequately regulated for purposes of compliance with the MCP provided certain enumerated conditions are satisfied including disposal sites subject to CERCLA with respect to which MassDEP has issued a letter of concurrence
WHEREAS pursuant to 3IO CMR 400111 land use controls may be implemented at disposal sites deemed adequately regulated under CERCLA by means of a Notice of Activity and Use Limitation and
WHEREAS pursuant to 310 CMR 400111(10) disposal sites adequately regulated under CERCLA at which (a) remedial actions have been completed in accordance with the ROD for the site (b) subsequent design construction and other pertinent plans have been approved by EPA and ( c) EPA has certified completion of the remedial action will be considered to have achieved a Pennanent Solution under MGL c 21E and the MCP for those hazardous substances subject to such remedial actions
NOW THEREFORE notice is hereby given that the activity and use limitations required by the ROD and more particularly set forth in the IC Design Statement are as follows
I Activities and Uses Consistent with Maintaining the Selected Remedy The following Activities and Uses are consistent with maintaining the Selected Remedy and as such may occur on the Restricted Area without compromising the Permanent Solution that has been achieved for the Site
i Any response actions necessary to maintain the Selected Remedy (including without limitation sampling of existing wel1s and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
11 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
iii Non-residential school and day care uses
1v Paving repaving andor maintenance by adult workers of the Paved Areas provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
v Maintenance work by adult workers in the Landscaped Areas that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or barrier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in
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Bk 39600 Pg410 88608
Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
v1 Without limiting Subparagraph I (v) above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan CSMP) The SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation ofwork Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement ofpipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage storm water gas fuel oil electricity and communications
The SMP shall provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
a Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored on the prope1ty
b Appropriate measures shall be taken to secure stored soil and to control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
c Groundwater monitoring we1ls shall be repaired or replaced if damaged
d Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
e A date on which the SMP expires if required by EPA and MassDEP
f A report to be submitted to MassDEP and EPA at the completion of the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health
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Bk 39600 Pg411 88608
and safety provisions of 29 Code of Federal Regulation Section 1910 120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Notwithstanding subparagraph 1(vi)(f) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
Vil Such other activities and uses not identified in Paragraph 2 below as being activities and uses inconsistent with maintaining the Selected Remedy
2 Activities and Uses Inconsistent with Maintaining the Selected Remedy The following Activities and Uses are inconsistent with maintaining the Selected Remedy and as such may not occur on the Restricted Area without compromising the Permanent Solution that has been achieved for the Site
i Residential use or activity
11 Except as permitted in Paragraph 1i above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
111 Except as permitted by Section I above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
1v Agricultural use or activity except for raised garden beds approved in accordance with Section l(vi)
v Construction or installation of a bu iiding or structure for human occupancy without prior written approval of EPA
vi Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
Page 6 of 12
Bk 39600 Pg412 88608
3 Obligations and Conditions The following obligations andor conditions are necessary and shall be undertaken at the Property to maintain the Selected Remedy and to avoid compromising the Permanent Solution that has been achieved for the Site
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
11 If EPA has provided written notice that EPA has determined that the parties responsible under the OampM Plan are no longer able to submit an annual compliance letter regarding this NAUL the owner of the Property shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the Restricted Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such cel1ifications are based
4 Emergency Excavation If it becomes necessary to excavate within the Restricted Area as pal1 of a response to an emergency (for example repairing utility lines or responding to a fire or flood) the provisions of Paragraph 1 of this Notice shall be suspended with respect to such excavation to the extent necessary to permit such response provided that the Owner
(i) orally notifies the following persons of such emergency as soon as possible but no later than two (2) hours after having learned of such emergency
A EPA National Response Center at (800) 424-8802 and EPA Region 1 Office of Site Remediation and Restoration Emergency Planning and Response Branch at 888-3 72-7341 and
B MassDEP Emergency Response at (888) 304-1133 and MassDEP Southeast Regional Office of Emergency Response Section at 508-946-2850
or such other persons as MassDEP and EPA respectively may identify in writing from time to time to Owner for such oral emergency response notifications
(ii) notifies MassDEP and EPA in writing of such emergency no later than five (5) days after having learned of such emergency such notifications to be sent to the following addresses
A MassDEP Southeast Regional Office 20 Riverside Drive Lakeville MA 02347 and
Page 7 of 12
Bk 39600 Pg413 88608
B EPA New England Region I 5 Post Office Square - Suite 100 Boston MA 02109-3912
or to such addresses as MassDEP and EPA respectively may identify in writing from time to time to Owner for such written emergency response notifications
(iii) limits the actual disturbance involved in such excavation to the minimum reasonably necessary to adequately respond to the emergency
(iv) implements all measures necessary to limit actual or potential risk to the public health and environment
(v) engages a qualified hazardous waste site cleanup professional such as a Licensed Site Professional (LSP) as defined in the MCP at 310 CMR 400006(12) to oversee the implementation of this Paragraph and to prepare and oversee the implementation of a written plan (Emergency Restoration Plan) that will restore the Property to a condition that meets or exceeds the performance standards established under the ROD for the Selected Remedy and that is consistent with this Notice and to review and evaluate response actions contained in the Emergency Restoration Plan to ensure minimal disturbance of any contaminated soils and sediments and
(vi) performs all actions laid out in the Emergency Restoration Plan within thirty (30) days of the occutTence of the emergency or within such other time period as may be approved by MassDEP and EPA in writing and submit a copy of the Emergency Restoration Plan to MassDEP and EPA within ten (10) days of its performance with a statement from the cleanup professional confirming that the Property has been restored to the standard described above
5 Proposed Changes in Activities and Uses Amendments Pursuant to 310 CMR 4001 l l(amp)(c) the Owner must notify and obtain approval from EPA and MassDEP of any proposed change in activities and uses at the Property that is not provided for in this Notice Pursuant to 3 IO CMR 400111 (8)( d) the Owner must obtain EPA and MassDEP approval of any Amendment or Termination of this Notice All EPA and MassDEP approvals of any Amendment or Termination of this Notice must be in writing and be recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s) to be effective
6 Violations The activities uses andor exposures upon which this Notice is based must not change at any time to (a) cause risks that are not protective of human health or the environment pursuant to the criteria set forth in the NCP at 40 CFR
Page 8 of12
Bk 39600 Pg414 88608
300430(e)(2)(i) (b) interfere with the Selected Remedy or (c) cause a significant risk of harm to health safety public welfare or the environment pursuant to Chapter 21E and the MCP
Compliance with the terms and conditions of this Notice is subject to enforcement pursuant to Chapter 21 E the MCP MGL c 21 A sect 16 and 310 CMR 5 00 and CERCLA and the NCP Such enforcement may include without limitation enforcement with respect to (a) any activities or uses that may occur that are described in Paragraph 2 of this Notice as being inconsistent with the Selected Remedy (b) any failure to undertake any obligations and conditions described in Paragraph 3 of this Notice as being necessary to maintain the Selected Remedy and (c) any other failure to maintain the Selected Remedy or Pem1anent Solution resulting from a failure to act consistently with this Notice
7 Incorporation Into Deeds Mortgages Leases and Instruments of Transfer This Notice shall be incorporated either in full or by reference into all future deeds easements mortgages leases licenses occupancy agreements or any other instrument of transfer whereby an interest in andor a right to use the Property or a portion thereof is conveyed in accordance with 310 CMR 401074(5)
8 Reservation of Rights
This instrument shall not limit or otherwise affect the right of EPA andor MassDEP to obtain access to or restrict the use of the Property pursuant to CERCLA Chapter 21 E or any other applicable statute or regulation
This instrument shall not release the Owner or any other party from liability for releases of oil or hazardous substances or materials nor shall this instrument excuse the Owner or any other party from complying with CERCLA Chapter 21 E or any other applicable federal state or local laws regulations or ordinances or by-laws
Owner hereby authorizes and consents to the filing and recordation andor registration of this Notice said Notice to become effective when recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s)
Page 9 of 12
Town of Walpole acting by and through the Board of Selectmen
n Town Administrator authorized by ard of Selectmen recorded herewith
Bk 39600 Pg415 88608
Witness the execution of this instrument under seal this 21_ day of df 11 ( 2021
COMMONWE
COUNTY OF NORFOLK ss
~ On this 21 day of 4f1 2021 before me the undersigned notary public
personally appeared James Johnson as Town Administrator for the Town of Walpole and proved to me to through satisfactory evidence of identification which was ~6laquo~ ~ -fr VJ1e [indicate ifdrivers license or passport or other document] to be the person whose name is signed on the preceding or attached document and acknowledged to me that signed it voluntarily for its stated purpose
Name CA~ U ~
My Commission Expires July S 2t)z
Page 10 of 12
--------
Bk 39600 Pg416 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States Environmental Protection Agency Region I hereby approves this Notice of Activity and Use Limitation
Name 8r~Cltvi Olso Director Superfund and Emerncy Management Division (SEMO)
US Environmental Protection Agency Region I
In accordance with MGL c 21E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Department of Environmental Protection hereby approves this Notice of Activity and Use Limitation (as to form only)
Date Paul W Locke Assistant Commissioner Bureau of Waste Site Cleanup Department of Environmental Protection
Page 11 of 12
---------------
Bk 39600 Pg417 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States EobulliionmenlaJ Protectioo Agency Region I hereby appro1es this Notice of Activity and Use Limitation
Date ~------
Name Director Superfund and Emergency Management Division (SEMO)
US Environmental Prokction i0 ency Region I
Jn accordance with MGL c 21 E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Depamnent ofEmironmental Prolectioo hereby approves this Norice ofActivity
and Use Limilarioo (as ro funn ooly)_ ~~
Dale 4r S microlJ ~ Paul W Locke Assisrant Commissioner Bureau ofWaste Site Cleanup Department of Environmental Protection
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List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
Page 12 of 12
Bk 39600 Pg419 88608
EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
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Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
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Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg410 88608
Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
v1 Without limiting Subparagraph I (v) above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan CSMP) The SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation ofwork Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement ofpipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage storm water gas fuel oil electricity and communications
The SMP shall provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
a Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored on the prope1ty
b Appropriate measures shall be taken to secure stored soil and to control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
c Groundwater monitoring we1ls shall be repaired or replaced if damaged
d Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
e A date on which the SMP expires if required by EPA and MassDEP
f A report to be submitted to MassDEP and EPA at the completion of the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health
Page 5 of 12
Bk 39600 Pg411 88608
and safety provisions of 29 Code of Federal Regulation Section 1910 120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Notwithstanding subparagraph 1(vi)(f) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
Vil Such other activities and uses not identified in Paragraph 2 below as being activities and uses inconsistent with maintaining the Selected Remedy
2 Activities and Uses Inconsistent with Maintaining the Selected Remedy The following Activities and Uses are inconsistent with maintaining the Selected Remedy and as such may not occur on the Restricted Area without compromising the Permanent Solution that has been achieved for the Site
i Residential use or activity
11 Except as permitted in Paragraph 1i above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
111 Except as permitted by Section I above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
1v Agricultural use or activity except for raised garden beds approved in accordance with Section l(vi)
v Construction or installation of a bu iiding or structure for human occupancy without prior written approval of EPA
vi Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
Page 6 of 12
Bk 39600 Pg412 88608
3 Obligations and Conditions The following obligations andor conditions are necessary and shall be undertaken at the Property to maintain the Selected Remedy and to avoid compromising the Permanent Solution that has been achieved for the Site
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
11 If EPA has provided written notice that EPA has determined that the parties responsible under the OampM Plan are no longer able to submit an annual compliance letter regarding this NAUL the owner of the Property shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the Restricted Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such cel1ifications are based
4 Emergency Excavation If it becomes necessary to excavate within the Restricted Area as pal1 of a response to an emergency (for example repairing utility lines or responding to a fire or flood) the provisions of Paragraph 1 of this Notice shall be suspended with respect to such excavation to the extent necessary to permit such response provided that the Owner
(i) orally notifies the following persons of such emergency as soon as possible but no later than two (2) hours after having learned of such emergency
A EPA National Response Center at (800) 424-8802 and EPA Region 1 Office of Site Remediation and Restoration Emergency Planning and Response Branch at 888-3 72-7341 and
B MassDEP Emergency Response at (888) 304-1133 and MassDEP Southeast Regional Office of Emergency Response Section at 508-946-2850
or such other persons as MassDEP and EPA respectively may identify in writing from time to time to Owner for such oral emergency response notifications
(ii) notifies MassDEP and EPA in writing of such emergency no later than five (5) days after having learned of such emergency such notifications to be sent to the following addresses
A MassDEP Southeast Regional Office 20 Riverside Drive Lakeville MA 02347 and
Page 7 of 12
Bk 39600 Pg413 88608
B EPA New England Region I 5 Post Office Square - Suite 100 Boston MA 02109-3912
or to such addresses as MassDEP and EPA respectively may identify in writing from time to time to Owner for such written emergency response notifications
(iii) limits the actual disturbance involved in such excavation to the minimum reasonably necessary to adequately respond to the emergency
(iv) implements all measures necessary to limit actual or potential risk to the public health and environment
(v) engages a qualified hazardous waste site cleanup professional such as a Licensed Site Professional (LSP) as defined in the MCP at 310 CMR 400006(12) to oversee the implementation of this Paragraph and to prepare and oversee the implementation of a written plan (Emergency Restoration Plan) that will restore the Property to a condition that meets or exceeds the performance standards established under the ROD for the Selected Remedy and that is consistent with this Notice and to review and evaluate response actions contained in the Emergency Restoration Plan to ensure minimal disturbance of any contaminated soils and sediments and
(vi) performs all actions laid out in the Emergency Restoration Plan within thirty (30) days of the occutTence of the emergency or within such other time period as may be approved by MassDEP and EPA in writing and submit a copy of the Emergency Restoration Plan to MassDEP and EPA within ten (10) days of its performance with a statement from the cleanup professional confirming that the Property has been restored to the standard described above
5 Proposed Changes in Activities and Uses Amendments Pursuant to 310 CMR 4001 l l(amp)(c) the Owner must notify and obtain approval from EPA and MassDEP of any proposed change in activities and uses at the Property that is not provided for in this Notice Pursuant to 3 IO CMR 400111 (8)( d) the Owner must obtain EPA and MassDEP approval of any Amendment or Termination of this Notice All EPA and MassDEP approvals of any Amendment or Termination of this Notice must be in writing and be recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s) to be effective
6 Violations The activities uses andor exposures upon which this Notice is based must not change at any time to (a) cause risks that are not protective of human health or the environment pursuant to the criteria set forth in the NCP at 40 CFR
Page 8 of12
Bk 39600 Pg414 88608
300430(e)(2)(i) (b) interfere with the Selected Remedy or (c) cause a significant risk of harm to health safety public welfare or the environment pursuant to Chapter 21E and the MCP
Compliance with the terms and conditions of this Notice is subject to enforcement pursuant to Chapter 21 E the MCP MGL c 21 A sect 16 and 310 CMR 5 00 and CERCLA and the NCP Such enforcement may include without limitation enforcement with respect to (a) any activities or uses that may occur that are described in Paragraph 2 of this Notice as being inconsistent with the Selected Remedy (b) any failure to undertake any obligations and conditions described in Paragraph 3 of this Notice as being necessary to maintain the Selected Remedy and (c) any other failure to maintain the Selected Remedy or Pem1anent Solution resulting from a failure to act consistently with this Notice
7 Incorporation Into Deeds Mortgages Leases and Instruments of Transfer This Notice shall be incorporated either in full or by reference into all future deeds easements mortgages leases licenses occupancy agreements or any other instrument of transfer whereby an interest in andor a right to use the Property or a portion thereof is conveyed in accordance with 310 CMR 401074(5)
8 Reservation of Rights
This instrument shall not limit or otherwise affect the right of EPA andor MassDEP to obtain access to or restrict the use of the Property pursuant to CERCLA Chapter 21 E or any other applicable statute or regulation
This instrument shall not release the Owner or any other party from liability for releases of oil or hazardous substances or materials nor shall this instrument excuse the Owner or any other party from complying with CERCLA Chapter 21 E or any other applicable federal state or local laws regulations or ordinances or by-laws
Owner hereby authorizes and consents to the filing and recordation andor registration of this Notice said Notice to become effective when recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s)
Page 9 of 12
Town of Walpole acting by and through the Board of Selectmen
n Town Administrator authorized by ard of Selectmen recorded herewith
Bk 39600 Pg415 88608
Witness the execution of this instrument under seal this 21_ day of df 11 ( 2021
COMMONWE
COUNTY OF NORFOLK ss
~ On this 21 day of 4f1 2021 before me the undersigned notary public
personally appeared James Johnson as Town Administrator for the Town of Walpole and proved to me to through satisfactory evidence of identification which was ~6laquo~ ~ -fr VJ1e [indicate ifdrivers license or passport or other document] to be the person whose name is signed on the preceding or attached document and acknowledged to me that signed it voluntarily for its stated purpose
Name CA~ U ~
My Commission Expires July S 2t)z
Page 10 of 12
--------
Bk 39600 Pg416 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States Environmental Protection Agency Region I hereby approves this Notice of Activity and Use Limitation
Name 8r~Cltvi Olso Director Superfund and Emerncy Management Division (SEMO)
US Environmental Protection Agency Region I
In accordance with MGL c 21E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Department of Environmental Protection hereby approves this Notice of Activity and Use Limitation (as to form only)
Date Paul W Locke Assistant Commissioner Bureau of Waste Site Cleanup Department of Environmental Protection
Page 11 of 12
---------------
Bk 39600 Pg417 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States EobulliionmenlaJ Protectioo Agency Region I hereby appro1es this Notice of Activity and Use Limitation
Date ~------
Name Director Superfund and Emergency Management Division (SEMO)
US Environmental Prokction i0 ency Region I
Jn accordance with MGL c 21 E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Depamnent ofEmironmental Prolectioo hereby approves this Norice ofActivity
and Use Limilarioo (as ro funn ooly)_ ~~
Dale 4r S microlJ ~ Paul W Locke Assisrant Commissioner Bureau ofWaste Site Cleanup Department of Environmental Protection
Page 11 of 12
Bk 39600 Pg418 88608
List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
Page 12 of 12
Bk 39600 Pg419 88608
EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
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2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
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Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
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Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
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2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
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4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg411 88608
and safety provisions of 29 Code of Federal Regulation Section 1910 120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Notwithstanding subparagraph 1(vi)(f) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
Vil Such other activities and uses not identified in Paragraph 2 below as being activities and uses inconsistent with maintaining the Selected Remedy
2 Activities and Uses Inconsistent with Maintaining the Selected Remedy The following Activities and Uses are inconsistent with maintaining the Selected Remedy and as such may not occur on the Restricted Area without compromising the Permanent Solution that has been achieved for the Site
i Residential use or activity
11 Except as permitted in Paragraph 1i above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
111 Except as permitted by Section I above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
1v Agricultural use or activity except for raised garden beds approved in accordance with Section l(vi)
v Construction or installation of a bu iiding or structure for human occupancy without prior written approval of EPA
vi Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
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3 Obligations and Conditions The following obligations andor conditions are necessary and shall be undertaken at the Property to maintain the Selected Remedy and to avoid compromising the Permanent Solution that has been achieved for the Site
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
11 If EPA has provided written notice that EPA has determined that the parties responsible under the OampM Plan are no longer able to submit an annual compliance letter regarding this NAUL the owner of the Property shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the Restricted Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such cel1ifications are based
4 Emergency Excavation If it becomes necessary to excavate within the Restricted Area as pal1 of a response to an emergency (for example repairing utility lines or responding to a fire or flood) the provisions of Paragraph 1 of this Notice shall be suspended with respect to such excavation to the extent necessary to permit such response provided that the Owner
(i) orally notifies the following persons of such emergency as soon as possible but no later than two (2) hours after having learned of such emergency
A EPA National Response Center at (800) 424-8802 and EPA Region 1 Office of Site Remediation and Restoration Emergency Planning and Response Branch at 888-3 72-7341 and
B MassDEP Emergency Response at (888) 304-1133 and MassDEP Southeast Regional Office of Emergency Response Section at 508-946-2850
or such other persons as MassDEP and EPA respectively may identify in writing from time to time to Owner for such oral emergency response notifications
(ii) notifies MassDEP and EPA in writing of such emergency no later than five (5) days after having learned of such emergency such notifications to be sent to the following addresses
A MassDEP Southeast Regional Office 20 Riverside Drive Lakeville MA 02347 and
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Bk 39600 Pg413 88608
B EPA New England Region I 5 Post Office Square - Suite 100 Boston MA 02109-3912
or to such addresses as MassDEP and EPA respectively may identify in writing from time to time to Owner for such written emergency response notifications
(iii) limits the actual disturbance involved in such excavation to the minimum reasonably necessary to adequately respond to the emergency
(iv) implements all measures necessary to limit actual or potential risk to the public health and environment
(v) engages a qualified hazardous waste site cleanup professional such as a Licensed Site Professional (LSP) as defined in the MCP at 310 CMR 400006(12) to oversee the implementation of this Paragraph and to prepare and oversee the implementation of a written plan (Emergency Restoration Plan) that will restore the Property to a condition that meets or exceeds the performance standards established under the ROD for the Selected Remedy and that is consistent with this Notice and to review and evaluate response actions contained in the Emergency Restoration Plan to ensure minimal disturbance of any contaminated soils and sediments and
(vi) performs all actions laid out in the Emergency Restoration Plan within thirty (30) days of the occutTence of the emergency or within such other time period as may be approved by MassDEP and EPA in writing and submit a copy of the Emergency Restoration Plan to MassDEP and EPA within ten (10) days of its performance with a statement from the cleanup professional confirming that the Property has been restored to the standard described above
5 Proposed Changes in Activities and Uses Amendments Pursuant to 310 CMR 4001 l l(amp)(c) the Owner must notify and obtain approval from EPA and MassDEP of any proposed change in activities and uses at the Property that is not provided for in this Notice Pursuant to 3 IO CMR 400111 (8)( d) the Owner must obtain EPA and MassDEP approval of any Amendment or Termination of this Notice All EPA and MassDEP approvals of any Amendment or Termination of this Notice must be in writing and be recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s) to be effective
6 Violations The activities uses andor exposures upon which this Notice is based must not change at any time to (a) cause risks that are not protective of human health or the environment pursuant to the criteria set forth in the NCP at 40 CFR
Page 8 of12
Bk 39600 Pg414 88608
300430(e)(2)(i) (b) interfere with the Selected Remedy or (c) cause a significant risk of harm to health safety public welfare or the environment pursuant to Chapter 21E and the MCP
Compliance with the terms and conditions of this Notice is subject to enforcement pursuant to Chapter 21 E the MCP MGL c 21 A sect 16 and 310 CMR 5 00 and CERCLA and the NCP Such enforcement may include without limitation enforcement with respect to (a) any activities or uses that may occur that are described in Paragraph 2 of this Notice as being inconsistent with the Selected Remedy (b) any failure to undertake any obligations and conditions described in Paragraph 3 of this Notice as being necessary to maintain the Selected Remedy and (c) any other failure to maintain the Selected Remedy or Pem1anent Solution resulting from a failure to act consistently with this Notice
7 Incorporation Into Deeds Mortgages Leases and Instruments of Transfer This Notice shall be incorporated either in full or by reference into all future deeds easements mortgages leases licenses occupancy agreements or any other instrument of transfer whereby an interest in andor a right to use the Property or a portion thereof is conveyed in accordance with 310 CMR 401074(5)
8 Reservation of Rights
This instrument shall not limit or otherwise affect the right of EPA andor MassDEP to obtain access to or restrict the use of the Property pursuant to CERCLA Chapter 21 E or any other applicable statute or regulation
This instrument shall not release the Owner or any other party from liability for releases of oil or hazardous substances or materials nor shall this instrument excuse the Owner or any other party from complying with CERCLA Chapter 21 E or any other applicable federal state or local laws regulations or ordinances or by-laws
Owner hereby authorizes and consents to the filing and recordation andor registration of this Notice said Notice to become effective when recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s)
Page 9 of 12
Town of Walpole acting by and through the Board of Selectmen
n Town Administrator authorized by ard of Selectmen recorded herewith
Bk 39600 Pg415 88608
Witness the execution of this instrument under seal this 21_ day of df 11 ( 2021
COMMONWE
COUNTY OF NORFOLK ss
~ On this 21 day of 4f1 2021 before me the undersigned notary public
personally appeared James Johnson as Town Administrator for the Town of Walpole and proved to me to through satisfactory evidence of identification which was ~6laquo~ ~ -fr VJ1e [indicate ifdrivers license or passport or other document] to be the person whose name is signed on the preceding or attached document and acknowledged to me that signed it voluntarily for its stated purpose
Name CA~ U ~
My Commission Expires July S 2t)z
Page 10 of 12
--------
Bk 39600 Pg416 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States Environmental Protection Agency Region I hereby approves this Notice of Activity and Use Limitation
Name 8r~Cltvi Olso Director Superfund and Emerncy Management Division (SEMO)
US Environmental Protection Agency Region I
In accordance with MGL c 21E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Department of Environmental Protection hereby approves this Notice of Activity and Use Limitation (as to form only)
Date Paul W Locke Assistant Commissioner Bureau of Waste Site Cleanup Department of Environmental Protection
Page 11 of 12
---------------
Bk 39600 Pg417 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States EobulliionmenlaJ Protectioo Agency Region I hereby appro1es this Notice of Activity and Use Limitation
Date ~------
Name Director Superfund and Emergency Management Division (SEMO)
US Environmental Prokction i0 ency Region I
Jn accordance with MGL c 21 E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Depamnent ofEmironmental Prolectioo hereby approves this Norice ofActivity
and Use Limilarioo (as ro funn ooly)_ ~~
Dale 4r S microlJ ~ Paul W Locke Assisrant Commissioner Bureau ofWaste Site Cleanup Department of Environmental Protection
Page 11 of 12
Bk 39600 Pg418 88608
List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
Page 12 of 12
Bk 39600 Pg419 88608
EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg412 88608
3 Obligations and Conditions The following obligations andor conditions are necessary and shall be undertaken at the Property to maintain the Selected Remedy and to avoid compromising the Permanent Solution that has been achieved for the Site
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
11 If EPA has provided written notice that EPA has determined that the parties responsible under the OampM Plan are no longer able to submit an annual compliance letter regarding this NAUL the owner of the Property shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the Restricted Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such cel1ifications are based
4 Emergency Excavation If it becomes necessary to excavate within the Restricted Area as pal1 of a response to an emergency (for example repairing utility lines or responding to a fire or flood) the provisions of Paragraph 1 of this Notice shall be suspended with respect to such excavation to the extent necessary to permit such response provided that the Owner
(i) orally notifies the following persons of such emergency as soon as possible but no later than two (2) hours after having learned of such emergency
A EPA National Response Center at (800) 424-8802 and EPA Region 1 Office of Site Remediation and Restoration Emergency Planning and Response Branch at 888-3 72-7341 and
B MassDEP Emergency Response at (888) 304-1133 and MassDEP Southeast Regional Office of Emergency Response Section at 508-946-2850
or such other persons as MassDEP and EPA respectively may identify in writing from time to time to Owner for such oral emergency response notifications
(ii) notifies MassDEP and EPA in writing of such emergency no later than five (5) days after having learned of such emergency such notifications to be sent to the following addresses
A MassDEP Southeast Regional Office 20 Riverside Drive Lakeville MA 02347 and
Page 7 of 12
Bk 39600 Pg413 88608
B EPA New England Region I 5 Post Office Square - Suite 100 Boston MA 02109-3912
or to such addresses as MassDEP and EPA respectively may identify in writing from time to time to Owner for such written emergency response notifications
(iii) limits the actual disturbance involved in such excavation to the minimum reasonably necessary to adequately respond to the emergency
(iv) implements all measures necessary to limit actual or potential risk to the public health and environment
(v) engages a qualified hazardous waste site cleanup professional such as a Licensed Site Professional (LSP) as defined in the MCP at 310 CMR 400006(12) to oversee the implementation of this Paragraph and to prepare and oversee the implementation of a written plan (Emergency Restoration Plan) that will restore the Property to a condition that meets or exceeds the performance standards established under the ROD for the Selected Remedy and that is consistent with this Notice and to review and evaluate response actions contained in the Emergency Restoration Plan to ensure minimal disturbance of any contaminated soils and sediments and
(vi) performs all actions laid out in the Emergency Restoration Plan within thirty (30) days of the occutTence of the emergency or within such other time period as may be approved by MassDEP and EPA in writing and submit a copy of the Emergency Restoration Plan to MassDEP and EPA within ten (10) days of its performance with a statement from the cleanup professional confirming that the Property has been restored to the standard described above
5 Proposed Changes in Activities and Uses Amendments Pursuant to 310 CMR 4001 l l(amp)(c) the Owner must notify and obtain approval from EPA and MassDEP of any proposed change in activities and uses at the Property that is not provided for in this Notice Pursuant to 3 IO CMR 400111 (8)( d) the Owner must obtain EPA and MassDEP approval of any Amendment or Termination of this Notice All EPA and MassDEP approvals of any Amendment or Termination of this Notice must be in writing and be recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s) to be effective
6 Violations The activities uses andor exposures upon which this Notice is based must not change at any time to (a) cause risks that are not protective of human health or the environment pursuant to the criteria set forth in the NCP at 40 CFR
Page 8 of12
Bk 39600 Pg414 88608
300430(e)(2)(i) (b) interfere with the Selected Remedy or (c) cause a significant risk of harm to health safety public welfare or the environment pursuant to Chapter 21E and the MCP
Compliance with the terms and conditions of this Notice is subject to enforcement pursuant to Chapter 21 E the MCP MGL c 21 A sect 16 and 310 CMR 5 00 and CERCLA and the NCP Such enforcement may include without limitation enforcement with respect to (a) any activities or uses that may occur that are described in Paragraph 2 of this Notice as being inconsistent with the Selected Remedy (b) any failure to undertake any obligations and conditions described in Paragraph 3 of this Notice as being necessary to maintain the Selected Remedy and (c) any other failure to maintain the Selected Remedy or Pem1anent Solution resulting from a failure to act consistently with this Notice
7 Incorporation Into Deeds Mortgages Leases and Instruments of Transfer This Notice shall be incorporated either in full or by reference into all future deeds easements mortgages leases licenses occupancy agreements or any other instrument of transfer whereby an interest in andor a right to use the Property or a portion thereof is conveyed in accordance with 310 CMR 401074(5)
8 Reservation of Rights
This instrument shall not limit or otherwise affect the right of EPA andor MassDEP to obtain access to or restrict the use of the Property pursuant to CERCLA Chapter 21 E or any other applicable statute or regulation
This instrument shall not release the Owner or any other party from liability for releases of oil or hazardous substances or materials nor shall this instrument excuse the Owner or any other party from complying with CERCLA Chapter 21 E or any other applicable federal state or local laws regulations or ordinances or by-laws
Owner hereby authorizes and consents to the filing and recordation andor registration of this Notice said Notice to become effective when recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s)
Page 9 of 12
Town of Walpole acting by and through the Board of Selectmen
n Town Administrator authorized by ard of Selectmen recorded herewith
Bk 39600 Pg415 88608
Witness the execution of this instrument under seal this 21_ day of df 11 ( 2021
COMMONWE
COUNTY OF NORFOLK ss
~ On this 21 day of 4f1 2021 before me the undersigned notary public
personally appeared James Johnson as Town Administrator for the Town of Walpole and proved to me to through satisfactory evidence of identification which was ~6laquo~ ~ -fr VJ1e [indicate ifdrivers license or passport or other document] to be the person whose name is signed on the preceding or attached document and acknowledged to me that signed it voluntarily for its stated purpose
Name CA~ U ~
My Commission Expires July S 2t)z
Page 10 of 12
--------
Bk 39600 Pg416 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States Environmental Protection Agency Region I hereby approves this Notice of Activity and Use Limitation
Name 8r~Cltvi Olso Director Superfund and Emerncy Management Division (SEMO)
US Environmental Protection Agency Region I
In accordance with MGL c 21E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Department of Environmental Protection hereby approves this Notice of Activity and Use Limitation (as to form only)
Date Paul W Locke Assistant Commissioner Bureau of Waste Site Cleanup Department of Environmental Protection
Page 11 of 12
---------------
Bk 39600 Pg417 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States EobulliionmenlaJ Protectioo Agency Region I hereby appro1es this Notice of Activity and Use Limitation
Date ~------
Name Director Superfund and Emergency Management Division (SEMO)
US Environmental Prokction i0 ency Region I
Jn accordance with MGL c 21 E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Depamnent ofEmironmental Prolectioo hereby approves this Norice ofActivity
and Use Limilarioo (as ro funn ooly)_ ~~
Dale 4r S microlJ ~ Paul W Locke Assisrant Commissioner Bureau ofWaste Site Cleanup Department of Environmental Protection
Page 11 of 12
Bk 39600 Pg418 88608
List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
Page 12 of 12
Bk 39600 Pg419 88608
EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg413 88608
B EPA New England Region I 5 Post Office Square - Suite 100 Boston MA 02109-3912
or to such addresses as MassDEP and EPA respectively may identify in writing from time to time to Owner for such written emergency response notifications
(iii) limits the actual disturbance involved in such excavation to the minimum reasonably necessary to adequately respond to the emergency
(iv) implements all measures necessary to limit actual or potential risk to the public health and environment
(v) engages a qualified hazardous waste site cleanup professional such as a Licensed Site Professional (LSP) as defined in the MCP at 310 CMR 400006(12) to oversee the implementation of this Paragraph and to prepare and oversee the implementation of a written plan (Emergency Restoration Plan) that will restore the Property to a condition that meets or exceeds the performance standards established under the ROD for the Selected Remedy and that is consistent with this Notice and to review and evaluate response actions contained in the Emergency Restoration Plan to ensure minimal disturbance of any contaminated soils and sediments and
(vi) performs all actions laid out in the Emergency Restoration Plan within thirty (30) days of the occutTence of the emergency or within such other time period as may be approved by MassDEP and EPA in writing and submit a copy of the Emergency Restoration Plan to MassDEP and EPA within ten (10) days of its performance with a statement from the cleanup professional confirming that the Property has been restored to the standard described above
5 Proposed Changes in Activities and Uses Amendments Pursuant to 310 CMR 4001 l l(amp)(c) the Owner must notify and obtain approval from EPA and MassDEP of any proposed change in activities and uses at the Property that is not provided for in this Notice Pursuant to 3 IO CMR 400111 (8)( d) the Owner must obtain EPA and MassDEP approval of any Amendment or Termination of this Notice All EPA and MassDEP approvals of any Amendment or Termination of this Notice must be in writing and be recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s) to be effective
6 Violations The activities uses andor exposures upon which this Notice is based must not change at any time to (a) cause risks that are not protective of human health or the environment pursuant to the criteria set forth in the NCP at 40 CFR
Page 8 of12
Bk 39600 Pg414 88608
300430(e)(2)(i) (b) interfere with the Selected Remedy or (c) cause a significant risk of harm to health safety public welfare or the environment pursuant to Chapter 21E and the MCP
Compliance with the terms and conditions of this Notice is subject to enforcement pursuant to Chapter 21 E the MCP MGL c 21 A sect 16 and 310 CMR 5 00 and CERCLA and the NCP Such enforcement may include without limitation enforcement with respect to (a) any activities or uses that may occur that are described in Paragraph 2 of this Notice as being inconsistent with the Selected Remedy (b) any failure to undertake any obligations and conditions described in Paragraph 3 of this Notice as being necessary to maintain the Selected Remedy and (c) any other failure to maintain the Selected Remedy or Pem1anent Solution resulting from a failure to act consistently with this Notice
7 Incorporation Into Deeds Mortgages Leases and Instruments of Transfer This Notice shall be incorporated either in full or by reference into all future deeds easements mortgages leases licenses occupancy agreements or any other instrument of transfer whereby an interest in andor a right to use the Property or a portion thereof is conveyed in accordance with 310 CMR 401074(5)
8 Reservation of Rights
This instrument shall not limit or otherwise affect the right of EPA andor MassDEP to obtain access to or restrict the use of the Property pursuant to CERCLA Chapter 21 E or any other applicable statute or regulation
This instrument shall not release the Owner or any other party from liability for releases of oil or hazardous substances or materials nor shall this instrument excuse the Owner or any other party from complying with CERCLA Chapter 21 E or any other applicable federal state or local laws regulations or ordinances or by-laws
Owner hereby authorizes and consents to the filing and recordation andor registration of this Notice said Notice to become effective when recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s)
Page 9 of 12
Town of Walpole acting by and through the Board of Selectmen
n Town Administrator authorized by ard of Selectmen recorded herewith
Bk 39600 Pg415 88608
Witness the execution of this instrument under seal this 21_ day of df 11 ( 2021
COMMONWE
COUNTY OF NORFOLK ss
~ On this 21 day of 4f1 2021 before me the undersigned notary public
personally appeared James Johnson as Town Administrator for the Town of Walpole and proved to me to through satisfactory evidence of identification which was ~6laquo~ ~ -fr VJ1e [indicate ifdrivers license or passport or other document] to be the person whose name is signed on the preceding or attached document and acknowledged to me that signed it voluntarily for its stated purpose
Name CA~ U ~
My Commission Expires July S 2t)z
Page 10 of 12
--------
Bk 39600 Pg416 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States Environmental Protection Agency Region I hereby approves this Notice of Activity and Use Limitation
Name 8r~Cltvi Olso Director Superfund and Emerncy Management Division (SEMO)
US Environmental Protection Agency Region I
In accordance with MGL c 21E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Department of Environmental Protection hereby approves this Notice of Activity and Use Limitation (as to form only)
Date Paul W Locke Assistant Commissioner Bureau of Waste Site Cleanup Department of Environmental Protection
Page 11 of 12
---------------
Bk 39600 Pg417 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States EobulliionmenlaJ Protectioo Agency Region I hereby appro1es this Notice of Activity and Use Limitation
Date ~------
Name Director Superfund and Emergency Management Division (SEMO)
US Environmental Prokction i0 ency Region I
Jn accordance with MGL c 21 E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Depamnent ofEmironmental Prolectioo hereby approves this Norice ofActivity
and Use Limilarioo (as ro funn ooly)_ ~~
Dale 4r S microlJ ~ Paul W Locke Assisrant Commissioner Bureau ofWaste Site Cleanup Department of Environmental Protection
Page 11 of 12
Bk 39600 Pg418 88608
List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
Page 12 of 12
Bk 39600 Pg419 88608
EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
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2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
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Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
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without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
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on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
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2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
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4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg414 88608
300430(e)(2)(i) (b) interfere with the Selected Remedy or (c) cause a significant risk of harm to health safety public welfare or the environment pursuant to Chapter 21E and the MCP
Compliance with the terms and conditions of this Notice is subject to enforcement pursuant to Chapter 21 E the MCP MGL c 21 A sect 16 and 310 CMR 5 00 and CERCLA and the NCP Such enforcement may include without limitation enforcement with respect to (a) any activities or uses that may occur that are described in Paragraph 2 of this Notice as being inconsistent with the Selected Remedy (b) any failure to undertake any obligations and conditions described in Paragraph 3 of this Notice as being necessary to maintain the Selected Remedy and (c) any other failure to maintain the Selected Remedy or Pem1anent Solution resulting from a failure to act consistently with this Notice
7 Incorporation Into Deeds Mortgages Leases and Instruments of Transfer This Notice shall be incorporated either in full or by reference into all future deeds easements mortgages leases licenses occupancy agreements or any other instrument of transfer whereby an interest in andor a right to use the Property or a portion thereof is conveyed in accordance with 310 CMR 401074(5)
8 Reservation of Rights
This instrument shall not limit or otherwise affect the right of EPA andor MassDEP to obtain access to or restrict the use of the Property pursuant to CERCLA Chapter 21 E or any other applicable statute or regulation
This instrument shall not release the Owner or any other party from liability for releases of oil or hazardous substances or materials nor shall this instrument excuse the Owner or any other party from complying with CERCLA Chapter 21 E or any other applicable federal state or local laws regulations or ordinances or by-laws
Owner hereby authorizes and consents to the filing and recordation andor registration of this Notice said Notice to become effective when recorded andor registered with the appropriate Registry(ies) of Deeds andor Land Registration Office(s)
Page 9 of 12
Town of Walpole acting by and through the Board of Selectmen
n Town Administrator authorized by ard of Selectmen recorded herewith
Bk 39600 Pg415 88608
Witness the execution of this instrument under seal this 21_ day of df 11 ( 2021
COMMONWE
COUNTY OF NORFOLK ss
~ On this 21 day of 4f1 2021 before me the undersigned notary public
personally appeared James Johnson as Town Administrator for the Town of Walpole and proved to me to through satisfactory evidence of identification which was ~6laquo~ ~ -fr VJ1e [indicate ifdrivers license or passport or other document] to be the person whose name is signed on the preceding or attached document and acknowledged to me that signed it voluntarily for its stated purpose
Name CA~ U ~
My Commission Expires July S 2t)z
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--------
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In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States Environmental Protection Agency Region I hereby approves this Notice of Activity and Use Limitation
Name 8r~Cltvi Olso Director Superfund and Emerncy Management Division (SEMO)
US Environmental Protection Agency Region I
In accordance with MGL c 21E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Department of Environmental Protection hereby approves this Notice of Activity and Use Limitation (as to form only)
Date Paul W Locke Assistant Commissioner Bureau of Waste Site Cleanup Department of Environmental Protection
Page 11 of 12
---------------
Bk 39600 Pg417 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States EobulliionmenlaJ Protectioo Agency Region I hereby appro1es this Notice of Activity and Use Limitation
Date ~------
Name Director Superfund and Emergency Management Division (SEMO)
US Environmental Prokction i0 ency Region I
Jn accordance with MGL c 21 E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Depamnent ofEmironmental Prolectioo hereby approves this Norice ofActivity
and Use Limilarioo (as ro funn ooly)_ ~~
Dale 4r S microlJ ~ Paul W Locke Assisrant Commissioner Bureau ofWaste Site Cleanup Department of Environmental Protection
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List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
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EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
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PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
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2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
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Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
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2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
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4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Town of Walpole acting by and through the Board of Selectmen
n Town Administrator authorized by ard of Selectmen recorded herewith
Bk 39600 Pg415 88608
Witness the execution of this instrument under seal this 21_ day of df 11 ( 2021
COMMONWE
COUNTY OF NORFOLK ss
~ On this 21 day of 4f1 2021 before me the undersigned notary public
personally appeared James Johnson as Town Administrator for the Town of Walpole and proved to me to through satisfactory evidence of identification which was ~6laquo~ ~ -fr VJ1e [indicate ifdrivers license or passport or other document] to be the person whose name is signed on the preceding or attached document and acknowledged to me that signed it voluntarily for its stated purpose
Name CA~ U ~
My Commission Expires July S 2t)z
Page 10 of 12
--------
Bk 39600 Pg416 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States Environmental Protection Agency Region I hereby approves this Notice of Activity and Use Limitation
Name 8r~Cltvi Olso Director Superfund and Emerncy Management Division (SEMO)
US Environmental Protection Agency Region I
In accordance with MGL c 21E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Department of Environmental Protection hereby approves this Notice of Activity and Use Limitation (as to form only)
Date Paul W Locke Assistant Commissioner Bureau of Waste Site Cleanup Department of Environmental Protection
Page 11 of 12
---------------
Bk 39600 Pg417 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States EobulliionmenlaJ Protectioo Agency Region I hereby appro1es this Notice of Activity and Use Limitation
Date ~------
Name Director Superfund and Emergency Management Division (SEMO)
US Environmental Prokction i0 ency Region I
Jn accordance with MGL c 21 E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Depamnent ofEmironmental Prolectioo hereby approves this Norice ofActivity
and Use Limilarioo (as ro funn ooly)_ ~~
Dale 4r S microlJ ~ Paul W Locke Assisrant Commissioner Bureau ofWaste Site Cleanup Department of Environmental Protection
Page 11 of 12
Bk 39600 Pg418 88608
List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
Page 12 of 12
Bk 39600 Pg419 88608
EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
--------
Bk 39600 Pg416 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States Environmental Protection Agency Region I hereby approves this Notice of Activity and Use Limitation
Name 8r~Cltvi Olso Director Superfund and Emerncy Management Division (SEMO)
US Environmental Protection Agency Region I
In accordance with MGL c 21E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Department of Environmental Protection hereby approves this Notice of Activity and Use Limitation (as to form only)
Date Paul W Locke Assistant Commissioner Bureau of Waste Site Cleanup Department of Environmental Protection
Page 11 of 12
---------------
Bk 39600 Pg417 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States EobulliionmenlaJ Protectioo Agency Region I hereby appro1es this Notice of Activity and Use Limitation
Date ~------
Name Director Superfund and Emergency Management Division (SEMO)
US Environmental Prokction i0 ency Region I
Jn accordance with MGL c 21 E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Depamnent ofEmironmental Prolectioo hereby approves this Norice ofActivity
and Use Limilarioo (as ro funn ooly)_ ~~
Dale 4r S microlJ ~ Paul W Locke Assisrant Commissioner Bureau ofWaste Site Cleanup Department of Environmental Protection
Page 11 of 12
Bk 39600 Pg418 88608
List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
Page 12 of 12
Bk 39600 Pg419 88608
EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
---------------
Bk 39600 Pg417 88608
In accordance with CERCLA 42 USC sect 9601 et seq and the National Contingency Plan the United States EobulliionmenlaJ Protectioo Agency Region I hereby appro1es this Notice of Activity and Use Limitation
Date ~------
Name Director Superfund and Emergency Management Division (SEMO)
US Environmental Prokction i0 ency Region I
Jn accordance with MGL c 21 E sect 6 and the Massachusetts Contingency Plan (310 CMR 400000) the Depamnent ofEmironmental Prolectioo hereby approves this Norice ofActivity
and Use Limilarioo (as ro funn ooly)_ ~~
Dale 4r S microlJ ~ Paul W Locke Assisrant Commissioner Bureau ofWaste Site Cleanup Department of Environmental Protection
Page 11 of 12
Bk 39600 Pg418 88608
List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
Page 12 of 12
Bk 39600 Pg419 88608
EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg418 88608
List of Exhibits
Exhibit A Legal Description of the Property Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types Exhibit C Photo-Reduced Copy of Activity and Use Limitations Plan of Land Exhibit D Photo-Reduced Copy of Activity and Use Limitations Plan of Restricted Areas and Cover Types with Coordinate Table Exhibit E Institutional Control Design Statement (EOS) Exhibit F Copy of Vote of Town of Walpole
Return to
Attn Kristine Sheehy Senior Real Estate Attorney FOLEY HOAG LLP Seaport West 155 Seaport Boulevard Boston Massachusetts 02210-2600
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EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
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PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
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s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
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Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
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Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
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Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
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2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
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4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg419 88608
EXHIBIT A
Legal Description of Property The land with the improvements thereon located in Walpole Norfolk County Massachusetts bounded and described as follows
PARCEL I
The land on the Southeasterly side of South Street bounded
NORTHWESTERLY NORTHERLY AND AGAIN NORTHWESTERLY by South Street by seven lines measuring respectively
NORTHEASTERLY AGAIN by said land of Santomarco and land now or formerly of Cashorali 10056 feet
NORTHWESTERLY AGAIN by said land of Cashorali 2845 feet
NORTHEASTERLY by land now or formerly of Muighitti 9007 feet
SOUTHEASTERLY by the location of Old Colony Railroad by three lines measuring respectively 6809 feet 32808 feet and 38250 feet
and
SOUTHWESTERLY by land now or formerly of Meyer by three lines AND SOUTHERLY measuring respectively 9143 feet 1998 feet and
15202 feet
Parcel I is described in the deed recorded with the Norfolk County Registry of Deeds in Book 4459 Page 287
A portion of said premises is shown on plan entitled Plan of Land in Walpole Mass Belonging to General Fibre Co Inc by Edward C Peterson CE dated January 16 1960 filed with the Norfolk Registry of Deeds as Plan No 849 of 1967 in Plan Book 223 and the remainder is shown on plan entitled Plan of Land in Walpole Massdeg by E Worthington Engineer dated February 6 193 7 recorded with said Deeds Book D2135 Page 8 I
FHBOSTON52454092
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg420 88608
PARCEL II Property known as Parcel 33-120 of the Town of Walpole Tax Assessors Map which is
part of the property situate in the Town of Walpole County ofNorfolk and Commonwealth of Massachusetts and being all of the right title and interest of The Penn Central Corporation in and to all those certain pieces or parcels of land and premises easements rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along a portion of Branch of Railroad known as the Wrentham Branch said portion of railroad being described as follows
Beginning at a line extended across the right of way of said Branch of rai road said line being the Northerly line of South Street and extending thence in a Northeasterly direction the distance of 2852 feet more or less along said Branch of rai Iroad to a line which is parallel with the Southwesterly line of Common Street said parallel line extending across said right of way through a point in the centerline thereof at railroad valuation survey station 733 + 67 more or less and being the place of ending
Parcel II is described in the deed recorded with the Norfolk Registry of Deeds in Book 7986 Page 372 and is a portion of the land shown on the plan recorded with said Deeds as Plan No 52 of 1983
FHBOSTON52454092
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg421 88608
Exhibit B Legal Description of the Restricted Area and Coordinates of Cover Types
Le2al Description for Restricted Area The area shown on the plan entitled Activity and Use Limitations Plan of Land Blackburn amp Union Privileges Superfund Site 50 amp 60 South Street Walpole Mass Scale l = 30 dated April 6 2021 by Norwood Engineering Company Inc recorded with the Norfolk Registry of Deeds in Plan Book 704 Page 41 being bounded and described as follows
Beginning at a point on the easterly sideline of South Street at the southerly point of curvature of Gleason Court on said plan thence
Northeasterly and curving to the right along an arc of a curve having a radius of twentyshyfive and 00100 (2500) feet a length of forty-five and 15100 (4515) feet thence
S 48deg1352 E a distance of twenty-two and 24100 (2224) feet the previous course by the southerly sideline of Gleason Court thence
s 32deg0208 w a distance of fifty-four and 78100 (54 78) feet thence
S 59deg27 32 E a distance of twenty and 50100 (2050) feet thence
S 47deg5252 E a distance of eleven and 90100 (1190) feet thence
S 49deg01 10 E a distance of twenty-nine and 58100 (2958) feet thence
s 38deg3108 w a distance oftwenty and 01100 (2001) feet thence
S 49deg00 57 E a distance of one hundred and 56100 (10056) feet thence
N 39deg5348 E a distance of twenty-eight and 45100 (2845) feet the previous seven (7) courses by land ofNF Thelma A Casborali thence
S 49deg0808 E a distance of ninety and 29100 (9029) feet the previous course by land ofNF Ming L Yau thence
s 25deg2312 w a distance of siliy-eight and 22100 (6822) feet to a point on the westerly sideline of a fonner railroad right of way the previous course by land of the Town of Walpole assessor parcel 33-121 thence
S 55deg2937 E a distance of ninety-nine and 78 100 (99 78) feet to a point of tangency on the easterly sideline of a forn1er railroad right of way thence
Page 1 of 13
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg422 88608
s 30deg11 32 w
S 23deg49 I6 W
N 66deg1044 W
N 23deg4908 E
N l 6deg00 52 E
S 37deg0240 E
N 10deg1437 W
N 34deg093 I W
N 11 deg5558E
Northeasterly
N 27deg41 48 E
a distance of three hundred and three and 74100 (30374) feet the previous course by land ofNF Nicholas H Dowd and NF Emilio P Baldassari thence
a distance of four hundred ninety and 86100 (49086) feet to a SBdh the previous two (2) courses by the easterly sideline of a former railroad right of way thence
a distance of eighty-two and 76100 (8276) feet to an Iron Pipe on the westerly sideline of the former railroad right of way thence
a distance of twelve and 09100 (1209) feet to a SBdh thence
a distance of ninety-six and 50100 (9650) feet to a S Bdh thence
a distance of fifteen and 00100 (1500) feet the previous three (3) courses by the westerly sideline of the former railroad right ofway and land of NF Joseph R Carpentieri and NF Joseph R and Faith N Carpentiero thence
a distance of ninety-two and 82100 (9282) feet the previous course by land ofNF Richard A and Josette M Burke thence
a distance of tvvo hundred thirty-seven and 86100 (23786) feet to a point on the easterly sideline of South Street thence
a distance of one hundred twenty and 00100 (12000) feet along the easterly sideline of South Street to a point of curvature of the easterly sideline of South Street thence
and curving to the right along an arc of a curve having a radius of eight hundred and 00100 (80000) feet a length of two hundred hventy and 11100 (22011) feet along the easterly sideline of South Street thence
a distance of three hundred forty-hvo and 42100 (34242) feet to the point of beginning
Containing 621 Acres of land more or less
Page 2 of 13
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
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4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
3000
3005
3010
3015
3020
3025
3030
Bk 39600 Pg423 88608
EXHIBIT B (cont)
Points and Coordinates associated with Restriction Areas and Cover Types for the Activity and Use Limitations (AUL) at 50 amp 60 South Street Walpole Mass
Point Northing Easting Type
Curve Curve Number Len2th Radius
28754430528 7236432250 COR
3001 28755604597 7236680368 PC L=7535 R=80000
3002 2875597 1222 7236766913 POC
3003 28756333366 7236870620 PT
3004 28756280754 723697 3031 COR
28756025570 7237001250 COR
3006 28755918670 7237001140 COR
3007 28755864440 7237 I 05890 COR
3008 28755903200 72371963 IO COR
3009 28756030893 7237217396 COR
28756042534 7237250325 COR
3011 28756021733 7237317808 COR
3012 28755800732 7237640949 COR
3013 2875552 1424 7237667395 COR
3014 28755321388 7237708416 COR
28755197081 7237834881 COR
3016 28755102230 7238045173 COR
3017 28754941531 7238291869 COR
3018 28754851375 7238512944 COR
3019 28754753441 7238824 760 COR
28754681541 723916 1881 COR
3021 28754608227 7239406506 COR
3022 28754515846 7239459928 COR
3023 2875426 7589 723943 8163 COR
3024 28754198016 7239590840 COR
28753886764 7239449006 COR
3026 2875329 7944 7239187206 COR
3027 28752506745 7238837890 COR
3028 28751859560 7238552142 COR
3029 28751221833 723827342 l COR
28750848788 7238107869 COR
3031 2875045 3654 7237927814 COR
3032 28750630420 7237527432 COR
3033 28750741023 723757 6257 COR
3034 28751668594 7237842488 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 3 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
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Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
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without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
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on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
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2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
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4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
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2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
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Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
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2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
3075
3080
3085
3090
3095
3100
3105
3110
Bk 39600 Pg425 88608
Point Number
Northing Easting Type Curve Length
Curve Radius
3074 28756257366 7239513984 PT
28756185799 7239674928 COR
3076 28756739833 7239921136 COR
3077 28756876060 7239682275 COR
3078 28756948336 7239735898 PC L=335 R=298
3079 28756958235 7239766064 PT
28756866081 7239978133 COR
3081 28757166275 7240127374 COR
3082 28757068320 7240314640 COR
3083 28757602980 7240594310 COR
3084 28757700050 7240408736 COR
28758247941 7240688376 COR
3086 28758250190 7240683910 COR
3087 28758344979 7240738168 COR
3088 2875843 6103 7240581527 COR
3089 28758602943 7240664224 COR
28758740024 7240397393 COR
3091 28758605706 724032 7776 PC L=477 R=309
3092 28758594882 7240286013 PT
3093 28758666635 7240197585 PC L=2573 R=3127
3094 28758767113 7240118710 POC
28758890752 7240086604 PRC L=I653 R=3993
3096 28758972305 7240074125 POC
3097 28759049552 7240045 I 52 PT
3098 28759330312 7239734408 COR
3099 28759459414 7239588584 PC L=2269 R=5217
28759524821 7239496174 POC
3101 28759568752 7239391829 PRC L=1814 R=486
3102 28759603259 7239308095 POC
3103 28759653883 7239232999 PCC L=l31 R=088
3104 28759665694 7239231411 PT
28759800587 7239299586 COR
3106 28759986288 7238981214 COR
3107 2875983 5797 7238891829 COR
3108 28759879750 7238798689 COR
3109 28759905380 7238754769 PC L=1600 R=2552
28759963590 7238700398 POC
3111 28760035727 7238666620 PT
3112 28760700665 723901 5672 PC L=4515 R=2500
3113 28760830230 7239191198 POC
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 5 of 13 April 14 2021
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
3155
3160
3165
3170
3175
3180
3185
Bk 39600 Pg427 88608
Point Northing Easting Type Curve Cunbulle
Number Lenszth Radius 3153 28756870623 7238820218 COR
3154 28756838273 7238882258 COR
28756865240 7238896320 COR
3156 28756777004 7239062996 COR
3157 28756770439 7239063663 PC L=l 146 R=2269
3158 2875665836 I 7239046180 PCC L=l423 R=957
3159 2875661 7520 7238989913 POC
28756625544 7238920850 PT
3161 28756728525 7238726583 PC L=232 R=l58
3162 28756748720 7238720236 PT
3163 28756899634 7238797341 COR
3164 28757254653 7238121363 COR
28757520153 723761266 7 COR
3166 28757306899 723 750 IO 10 COR
3167 28756690336 7237500169 PC L=243 R=I68
3168 28756682599 7237479273 PT
3169 28756686990 7237469583 PC L=0250 R=l68
28756708806 7237463018 PT 3171 28757000109 7237616354 PC L=233 R=l73
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
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Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
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without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
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on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
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2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
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4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
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2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
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Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
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2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg429 88608
Point Number
3210
3200
3056
3057
3058
3059
3060
3061
3062
3218
3219
3220
3221
3224
3225
3226
3227
3228
3070
3071
3234
3233
3235
3236
3237
3238
3239
3240
3241
3242
3243
3244
3245
3246
3247
3248
Northing
28755746700
28755371220
28755040360
28755311720
28755263010
28755388260
28755348660
2875562 54 70
28755664605
28756003865
28756134380
28755998460
28756007150
28755941340
28755962080
28755867937
28755819702
28755766128
28756035900
28756086280
28755991990
28755942100
28756477248
28756677238
28756650130
28756473307
28756480112
28756675030
28756724454
28756742099
28756742133
28756703924
28756640759
28757607280
28757401530
28757467350
Easting
7238609997
7238445330
7239199770
7239318930
7239429300
7239484290
7239576000
7239696500
7239606601
7239556465
7239256650
7239195370
7239174530
7239145324
7239100930
7239061674
7238935003
7238911508
7239926600
7239812770
7239769910
7239884050
7239261913
7239253008
7239321810
7239319038
7239298824
7239364440
7239271845
7239292625
723935 0187
7239393239
7239393096
7237584960
7237475300
7237345620
Type
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
COR
PC PCC
POC
PCC
PT
COR
COR
COR
Curve Len2th
L=273
L=ll77
L=657
Cunmiddote Radius
R=1421
R=810
R=679
Exhibit B to NAUL-Part 11-EOS Coordinate Tables Page 9 of 13 April 14 2021
Bk 39600 Pg430 88608
Point Number Northing Easting Type Curve
Len2th Curve Radius
3249 287 57514570 7237372360 PC l=ll05 R=1993
3250 287 57 588060 7237452980 PT
3251 28757631382 7237429676 PC L=2244 R=2352
3252 287 5765 6810 7237537876 POC
3253 2875 762 9720 7237645671 PT
3254 28756940655 7238952710 PC l=1493 R=1509
3255 28756901845 7239015577 POC
3256 2875683 7836 7239052474 PT
3257 28758104824 7237653014 COR
3258 28758028960 7237800160 COR
3259 28757949530 7237760790 COR
3260 28757901005 7237855021 COR
3261 28757839230 7237820908 PC L=273 R=l33
3262 28757830688 7237799810 PCC L=539 R=2144
3263 28757852974 7237750897 PT
3264 28757891705 7237688178 PC L=lS26 R=2432
3265 28757948636 7237637880 POC
3266 287 58018307 7237607597 PT
3248 28757467350 7237345620 COR
3267 28757550832 7237363444 POC L=2653 R=80000
3268 28757668809 7237424132 PT
3269 28757504 719 7238817989 COR
3270 28757493010 7238842230 COR
3271 28757561074 7238880970 COR
3272 28757483953 7239024127 PC L=323 R=l70
3273 28757459939 7239037846 PT
3274 28757311605 7238957122 PC L=1388 R=906
3275 2875727 2732 7238901647 POC
3276 28757283181 7238834718 PT
3277 287 5733 4061 7238752337 PC L=255 R=l60
3278 287 5735 5527 7238744411 PT
3279 2875 7102815 7239517199 PC l=261 R=l70
3280 28757080654 7239525307 PCC l=909 R=1275
3281 2875 700 5390 7239477911 PCC L=l007 R=990
3282 28756999624 7239381704 PT
3283 2875707 7705 7239230604 PC L=ll14 R=907
Exhibit B lo NAUL-Part IlbullEOS Coordinate Tables Page 10 of13 April 14 2021
3285
3290
3295
3300
3305
3310
3315
Bk 39600 Pg431 88608
Point Number Northing Easting Type
Curve Leneth
Curve Radius
3284 28757168066 7239178102 PT
28757205717 7239186398 PC L=518 R=930
3286 28757249003 7239213534 PCC L=l41 R=086
3287 2875724 7909 7239226048 PT
3288 28758415755 7239842757 PC L=251 R=l59
3289 28758437695 7239837379 PT
28758456377 7239846949 PC L=812 R=876
3291 28758494897 7239915165 PCC L=456 R=757
3292 28758483790 7239958646 PT
3293 28758405147 7240111348 PC L=l057 R=955
3294 28758318136 7240161452 PCC L=477 R=l063
28758272407 7240149529 PCC L=250 R=l60
3296 28758265647 7240128003 PT
3297 28758157937 7237680895 COR
3298 28758902927 723807 1969 COR
3299 28758852531 7238168280 COR
28758779660 7238129750 COR
3301 28758746973 7238192072 COR
3302 2875807 6630 7237840490 COR
3303 28758049940 7237894220 COR
3304 2875871 7997 7238243620 COR
28758680103 7238315946 COR
3306 28758533699 7238239240 COR
3307 2875852 6899 7238252220 COR
3308 28758098180 7238027600 COR
3309 28757974484 7238264223 COR
28757957598 7238255513 COR
3311 28757757732 7238637845 COR
3312 28757774584 7238646620 COR
3313 28757653710 723887 7846 COR
3314 28757560920 7238829340 COR
28759004930 7238125514 COR
3316 28759689797 7238485028 PC L=1992 R=2609
3317 28759697204 7238583760 POC
3318 28759667288 723867 8142 PT
3319 28758996126 7238323718 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 11 of 13 April 14202 I
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg430 88608
Point Number Northing Easting Type Curve
Len2th Curve Radius
3249 287 57514570 7237372360 PC l=ll05 R=1993
3250 287 57 588060 7237452980 PT
3251 28757631382 7237429676 PC L=2244 R=2352
3252 287 5765 6810 7237537876 POC
3253 2875 762 9720 7237645671 PT
3254 28756940655 7238952710 PC l=1493 R=1509
3255 28756901845 7239015577 POC
3256 2875683 7836 7239052474 PT
3257 28758104824 7237653014 COR
3258 28758028960 7237800160 COR
3259 28757949530 7237760790 COR
3260 28757901005 7237855021 COR
3261 28757839230 7237820908 PC L=273 R=l33
3262 28757830688 7237799810 PCC L=539 R=2144
3263 28757852974 7237750897 PT
3264 28757891705 7237688178 PC L=lS26 R=2432
3265 28757948636 7237637880 POC
3266 287 58018307 7237607597 PT
3248 28757467350 7237345620 COR
3267 28757550832 7237363444 POC L=2653 R=80000
3268 28757668809 7237424132 PT
3269 28757504 719 7238817989 COR
3270 28757493010 7238842230 COR
3271 28757561074 7238880970 COR
3272 28757483953 7239024127 PC L=323 R=l70
3273 28757459939 7239037846 PT
3274 28757311605 7238957122 PC L=1388 R=906
3275 2875727 2732 7238901647 POC
3276 28757283181 7238834718 PT
3277 287 5733 4061 7238752337 PC L=255 R=l60
3278 287 5735 5527 7238744411 PT
3279 2875 7102815 7239517199 PC l=261 R=l70
3280 28757080654 7239525307 PCC l=909 R=1275
3281 2875 700 5390 7239477911 PCC L=l007 R=990
3282 28756999624 7239381704 PT
3283 2875707 7705 7239230604 PC L=ll14 R=907
Exhibit B lo NAUL-Part IlbullEOS Coordinate Tables Page 10 of13 April 14 2021
3285
3290
3295
3300
3305
3310
3315
Bk 39600 Pg431 88608
Point Number Northing Easting Type
Curve Leneth
Curve Radius
3284 28757168066 7239178102 PT
28757205717 7239186398 PC L=518 R=930
3286 28757249003 7239213534 PCC L=l41 R=086
3287 2875724 7909 7239226048 PT
3288 28758415755 7239842757 PC L=251 R=l59
3289 28758437695 7239837379 PT
28758456377 7239846949 PC L=812 R=876
3291 28758494897 7239915165 PCC L=456 R=757
3292 28758483790 7239958646 PT
3293 28758405147 7240111348 PC L=l057 R=955
3294 28758318136 7240161452 PCC L=477 R=l063
28758272407 7240149529 PCC L=250 R=l60
3296 28758265647 7240128003 PT
3297 28758157937 7237680895 COR
3298 28758902927 723807 1969 COR
3299 28758852531 7238168280 COR
28758779660 7238129750 COR
3301 28758746973 7238192072 COR
3302 2875807 6630 7237840490 COR
3303 28758049940 7237894220 COR
3304 2875871 7997 7238243620 COR
28758680103 7238315946 COR
3306 28758533699 7238239240 COR
3307 2875852 6899 7238252220 COR
3308 28758098180 7238027600 COR
3309 28757974484 7238264223 COR
28757957598 7238255513 COR
3311 28757757732 7238637845 COR
3312 28757774584 7238646620 COR
3313 28757653710 723887 7846 COR
3314 28757560920 7238829340 COR
28759004930 7238125514 COR
3316 28759689797 7238485028 PC L=1992 R=2609
3317 28759697204 7238583760 POC
3318 28759667288 723867 8142 PT
3319 28758996126 7238323718 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 11 of 13 April 14202 I
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
3285
3290
3295
3300
3305
3310
3315
Bk 39600 Pg431 88608
Point Number Northing Easting Type
Curve Leneth
Curve Radius
3284 28757168066 7239178102 PT
28757205717 7239186398 PC L=518 R=930
3286 28757249003 7239213534 PCC L=l41 R=086
3287 2875724 7909 7239226048 PT
3288 28758415755 7239842757 PC L=251 R=l59
3289 28758437695 7239837379 PT
28758456377 7239846949 PC L=812 R=876
3291 28758494897 7239915165 PCC L=456 R=757
3292 28758483790 7239958646 PT
3293 28758405147 7240111348 PC L=l057 R=955
3294 28758318136 7240161452 PCC L=477 R=l063
28758272407 7240149529 PCC L=250 R=l60
3296 28758265647 7240128003 PT
3297 28758157937 7237680895 COR
3298 28758902927 723807 1969 COR
3299 28758852531 7238168280 COR
28758779660 7238129750 COR
3301 28758746973 7238192072 COR
3302 2875807 6630 7237840490 COR
3303 28758049940 7237894220 COR
3304 2875871 7997 7238243620 COR
28758680103 7238315946 COR
3306 28758533699 7238239240 COR
3307 2875852 6899 7238252220 COR
3308 28758098180 7238027600 COR
3309 28757974484 7238264223 COR
28757957598 7238255513 COR
3311 28757757732 7238637845 COR
3312 28757774584 7238646620 COR
3313 28757653710 723887 7846 COR
3314 28757560920 7238829340 COR
28759004930 7238125514 COR
3316 28759689797 7238485028 PC L=1992 R=2609
3317 28759697204 7238583760 POC
3318 28759667288 723867 8142 PT
3319 28758996126 7238323718 COR
Exhibit B to NAUL-Part II-EOS Coordinate Tables Page 11 of 13 April 14202 I
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
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2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
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Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
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without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
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on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
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2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
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4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
COR=CORNER PC= POINT OF CURVE WHERE CURVE STARTS POC -= POINT ON CUR VE PT=POINT OF TANGENCY WHERE THE CURVE ENDS PCC = POINT OF COMPOUND CURVE (WHERE RADIUS CHANGES) PRC = POINT OF REVERSE CURVE
NOTES
THE COORDINATES ARE BASED ON AN EXISTING CONDITIONS AS-BUILT FIELD SURVEY BY NORWOOD ENGINEERING CO INC BETWEEN NOVEMBER 15 TO DECEMBER 18 2019 TI-IE COORDINATES ARE BASED ON l1ASSACHUSETIS ST A TE PLANE COORDINATE SYSTEM NAD 1983 (FEET) THE ACCURACY OF THE COORDINATE LOCATIONS ARE +-0J FEET
Exhibit B to N1UL-Part II-EOS Coordmate Tables Page 13 ofl3 April 14 2021
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
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2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
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on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
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2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
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4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
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2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
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2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
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without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
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on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
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2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
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4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg437 88608
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY New England Region
Five Post Office Square - Suite 100 Boston Massachusetts 02109-3912
INSTITUTIONAL CONTROL DESIGN STATEMENT FOR THE BLACKBURN AND UNION PRIVILEGES SUPERFUND SITE - EAST OF SOUTH STREET AREA
1 Introduction
Pursuant to the Comprehensive Environmental Response Compensation and Liability Act 42 USC sect 9601 et seq (CERCLA) and the National Contingency Plan 40 CFR Part 300 (the NCP) this document contains a description of the release events and site history that resulted in the contaminated media that require institutional controls in the fom1 of Activity and Use Limitations the basis for land use restrictions and uses that are consistent and inconsistent with the Selected Remedy ( as described below) This Institutional Control (IC) Design Statement pertains to a portion of the Blackburn and Union Privileges Superfund Site located in the Town of Walpole Massachusetts (the Site) which has been listed on EPAs National Priorities List (NPL) which portion is generally referred to as the East of South Street Area (the EOS Area) The EOS Area is located to the east of South Street in Walpole and is shown on Figure 1 attached hereto
A Notice of Activity and Use Limitation (NAUL) is necessary and appropriate for the EOS Area of the Site based on the fact that pursuant to EPAs risk evaluations asbestos arsenic trichloroethene (TCE) and certain polycyclic aromatic hydrocarbon (PAH) contan1inants remain in place in soils at levels higher than those appropriate for unlimited use or unrestricted exposure groundwater underlying the EOS Area contains hazardous substances at levels that present an unacceptable risk of exposure and remedial measures at the Site must be protected and maintained to ensure that the Selected Remedy remains protective
EPAs Record of Decision (ROD) dated September 30 2008 specified the need for institutional controls such as a NAUL to ensure long-tenn perfonnance and protectiveness of the Selected Remedy The institutional controls described herein are necessary and appropriate to ensure that the Selected Remedy for the Site remains protective of human health and the environment The remedy for the Site as described in the ROD is referred to herein and in the NAUL as the Selected Remedy
Page 1 of7
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg438 88608
2 Site HistoryBackground
A wide array of industrial and commercial processes operated at the Site Industrial and commercial processes using chromium arsenic and mercury date back to the 1600s In or about 1811 the Blackburn Privilege was established east of South Street and around 1812 the Union Factory Privilege was established west of South Street (The tenn privilege refers to a grant enabling commercial usage of the Neponset River for water supply and power) Water was diverted through a canal into a powerhouse and then through a mill tailrace before it was discharged back into the Neponset River Between 1891 and 1915 the Site was used for the manufacture of tires rubber goods and insulating materials The crushing of asbestos in the manufacture of brake and clutch linings occurred at the Site between 1915 and 1937 The area west of South Street was the site of much of these operations and housed The Standard Woven Fabric Company which was renamed Multibestos Corporation Various cotton and fabric production processes were conducted at the Site from 1937 unti 11985 Part of these operations included discharging treated wastewater through one of two settling basins and then to the Walpole sewer system The fonner mill building located west of South Street had been vacant for many years and has been demolished Industrial buildings fonnerly occupied the EOS Area but those buildings were demolished between 2015 and 2018
Environmental investigations to review possible impacts to the Site engendered by historical industrial activities were initiated in the early to mid-l 980s The presence of elevated concentrations of specific constituents related to the historical property usage was discovered during these environmental investigations which prompted the closure and removal of aboveground and underground storage tanks A removal action was conducted primarily in 1992 to address the presence of asbestos-contaminated soil at the Site EPA added the Site to the NPL in 1994 and in 2007 and 2008 respectively a Remedial Investigation and a Feasibility Study of cleanup options were completed As stated above EPA issued a cleanup decision for the Site in a ROD in 2008
The Constituents of Concern (COCs) identified in the ROD for the EOS Area soil include arsenic asbestos TCE and five PAHs benzo(a)anthracene benzo(a)pyrene benzo(b)fluoranthene dibenzo(ah)anthracene and indeno(l 23-cd) pyrene The COCs are present at levels that present unacceptable risks from the direct contact with soil except for TCE which presents unacceptable risks from inhalation of indoor air in some portions of the Site Further information about contamination present in the EOS area can be found in the ROD and in the Addendum to the Remedial Investigation (December 7 2007)
The remedy selection is documented in the ROD As it pertains to EOS Area the remedy included
1 Excavation and off-site disposal of contaminated soils 2 Establishment of institutional controls to address residual risks from contaminated soils
and groundwater remaining on the Site 3 Long-term monitoring and reviews of the Site at least every five years
Long-tem1 groundwater monitoring for Site COCs is required within a Groundwater Compliance
Page 2 of 7
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation
ow lerk May 13 2021
barcode 100018386
barcodetext SEMS Doc ID 100018386
Bk 39600 Pg439 88608
Boundary (as defined in the ROD) which includes all of the EOS Area except for the fom1er railroad embankment parcel (Lot 3 3-120) Annual monitoring of groundwater within the Groundwater Compliance Boundary has been conducted from 2011 to the present and has included sampling for volatile organic compounds (VOCs) semi-volatile organic compounds (SVOCs) and metals
The soil excavation in the EOS Area was completed in two phases Final excavation limits were documented in a report titled Draft Remedial Construction Report - Soil Remedial Action dated January 14 2016 and conditionally approved by EPA on February 22 2016 (the Soil RA Construction Report) and a report titled Second Revised Draft Remedial Construction Report -Soil Remedial Action - Phase II dated October I 2018 and conditionally approved by EPA on November 27 2018 (the Phase 2 Soil RA Construction Report) The horizontal extent of soil excavation included areas adjacent to and beneath the former buildings in the EOS Area (following their demolition by the Town of Walpole) wetlands located in the southern portion of the EOS Area and portions of the railway embankment located along the eastern portion of the EOS Area
Following the excavation in the EOS Area of approximately 29700 tons of soil soils are present in the Area that contain contaminants at levels that exceed ROD cleanup limits and are at levels higher than those appropriate for unlimited use or unrestricted exposure Areas where postshyexcavation samples exceeded the ROD cleanup limits are documented in the Soil RA Construction Report and the Phase 2 Soil RA Construction Report Details regarding the as-built conditions are described in a Memo from Wilcox and Barton to the Mr James Johnson Town Administrator Town of Walpole dated April 1 2019 titled As-Built Conditions - Soil Management and Cap See Figure 2 (The memo was supplemented by photo documentation provided by the Town on February 4 February 12 and June 23 2020 that can be found in the current EPA records management system as SEMS DOC ID 100012968
3 Summary of Required Institutional Controls
For the Site remedy to be protective for long-term foreseeable uses the following institutional controls need to be established and recorded to limit inappropriate land uses and exposure to soil containing COCs at the EOS Area The boundary of the EOS Area to be subject to the institutional controls is shown on Exhibit C of the NAUL The EOS Area will contain the following four separate Restricted Areas as shown on Exhibit D of the NAUL Paved Areas Building Footprint Areas Landscaped Areas and Unimproved Areas
As used below the term Ground Surface shall mean in Paved Areas and in Building Footprint Areas the uppermost surface of the ground located immediately below any pavement in Paved Areas or under any buildings or structures in Building Footprint Areas and in Landscaped Areas and Unimproved Areas the uppem10st surface of the ground based upon the surface elevations depicted in Exhibit C of the NAUL
a Activities and Uses Consistent with Maintaining the Selected Remedy
1 Any response actions necessary to maintain the Selected Remedy (including
Page 3 of7
Bk 39600 Pg440 88608
without limitation sampling of existing wells and installation and sampling of any new monitoring wells that may be required) as approved by EPA and MassDEP in advance in writing and any necessary and appropriate inspections of the Selected Remedy
2 Commercial industrial and manufacturing uses including without limitation municipal use as a police station and a non-residential senior andor community center and library
3 Non-residential school and day care uses
4 Paving repaving andor maintenance by adult workers of the Paved Areas shown on Exhibit D of the NAUL provided that any such work does not disturb excavate or remove soils or intrude into the Ground Surface below such Paved Areas
5 Maintenance work by adult workers in the Landscaped Areas shown on Exhibit D of the NAUL that may disturb excavate or remove soil or intrude into the Ground Surface provided such work does not extend greater than twelve inches below the Ground Surface or until a geotextile liner or baiTier is reached whichever is less and provided that the original surface elevations are restored Such maintenance work in Landscaped Areas includes routine mowing seeding fertilizing mulching raking weeding and utility maintenance
6 Without limiting Subparagraph 3a5 above soil disturbance excavation or other intrusive activity by adult workers into or beneath the Ground Surface andor any other activity that may result in exposure to soil provided such work is conducted pursuant to a Health and Safety Plan (HSP) and an approved Soil Management Plan (SMP) The SMP must be approved by EPA and MassD EP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work Such work may include without limitation the installation of new utilities and utility maintenance including the maintenance repair and replacement of pipes lines and other appurtenances and facilities for the conveyance andor transmission of water sewerage stom1water gas fuel oil electricity and communications
The SMP shaU provide for among other things proper and safe management of soil and other materials including but not limited to excavation storage sampling analysis final disposition restoration of all excavated or affected areas and the protection of the general public and the environment The SMP shall include as applicable and without limitation the following
i Any excavation shall be conducted to minimize the length of time when excavated areas are open andor excavated materials are stored
Page 4 of7
Bk 39600 Pg441 88608
on the property 11 Appropriate measures shall be taken to secure stored soil and to
control erosion dust and runoff Any permanent changes in the surface grade elevation shall require prior approval by EPA and MassDEP
m Groundwater monitoring wells shall be repaired or replaced if damaged
1v Compliance with all applicable laws rules and regulations including without limitation laws rules and regulations regarding soil management disposition and disposal even if more stringent than the requirements of the SMP
v A date on which the SMP expires ifrequired by EPA and MassDEP vi A report to be submitted to MassDEP and EPA at the completion of
the work approved under the SMP showing compliance with the SMP if required by EPA and MassDEP
The HSP shall establish the procedures personnel responsibilities and training necessary to protect the health or safety of all on-site personnel during such work The HSP shall be prepared in accordance with the occupational health and safety provisions of 29 Code of Federal Regulation Section 1910120 otherwise applicable to hazardous waste operations and emergency response as amended relevant OSHA guidance and any other applicable federal state or local law
For routine maintenance and repair that is conducted on a regular basis (for example planting and removal of trees and shrubs) a standardized SMP and HSP may be developed Such SMP must be approved by EPA and MassDEP in writing prior to the initiation of such activities and the HSP shall be submitted to EPA and MassDEP at least 30 days prior to the initiation of work EPA will maintain the standardized SMP and HSP in the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA) Notwithstanding subparagraph 3(a)(6)(vi) above EPA and MassDEP shall not require completion reports for individual routine maintenance and repair tasks conducted pursuant to a standardized SMP described in this subparagraph although EPA and MassDEP may require periodic reporting on such tasks
7 Such other activities and uses not identified in Paragraph 3b below as being activities and uses inconsistent with maintaining the Selected Remedy
b Activities and Uses Inconsistent with Maintaining the Selected Remedy
1 Residential use or activity
Page 5 of7
Bk 39600 Pg442 88608
2 Except as permitted in Paragraph 3a l above (groundwater monitoring) the extraction consumption or utilization of groundwater for any purpose (including without limitation extraction for potable industrial irrigation or agricultural use) and any activities including any excavation that may result in exposure to groundwater
3 Except as pennitted by Paragraph 3a above soil disturbance excavation or other intrusive activity into or beneath the Ground Surface andor any other activity that may result in exposure to soil
4 Agricultural use or activity except for raised garden beds approved in accordance with Section 3a6
5 Construction or installation of a building or structure for human occupancy without prior written approval of EPA
6 Any use or activity that would interfere with or would be reasonably likely to interfere with the implementation effectiveness integrity operation or maintenance of the Selected Remedy
c Obligations and Conditions Necessary to Maintain the Selected Remedy
1 Compliance with all applicable laws rules and regulations regarding soil management disposition and disposal
2 If EPA has provided written notice that EPA has determined that the parties responsible under the Site Operations and Maintenance Plan and Environmental Monitoring Work Plan approved by EPA (the OampM Plan) are no longer able to submit an annual compliance letter regarding this NAUL the owner of the EOS Area shall submit an annual compliance letter to EPA and MassDEP no later than June I of each calendar year that shall (a) describe generally the activities and uses that have occurred on the EOS Area during the past calendar year and (b) certify compliance with the NAUL such certification to include any supporting information upon which such certifications are based The OampM Plan can be accessed via the current EPA records management system (eg EPAs Superfund Enterprise Management System (SEMS) database or any successor records system maintained by EPA)
Page 6 of 7
Bk 39600 Pg443 88608
4 Implementation of NAUL
For the reasons described above and in relevant EPA decision documents a Notice of Activity and Use Limitation should be implemented and recorded in the land records for the Site pursuant to CERCLA the NCP and regulations set forth in the Massachusetts Contingency Plan at 310 Code of Massachusetts Regulations Sections 400111(8) 401070(4) and (as applicable) 401074
Date Bryan Olson Director Superfund and Emergency Management Division (SEMD) US Environmental Protection Agency Region I
Figures
Figure 1 - Site Plan Figure 2 - Memo regarding As-Built Conditions
SUBJECT As-Built Conditions- Soil Management and Cap Blackbum amp Union Privi1eges Superfund Site East of South Street Walpole Massachusetts
DATE April 1 2019
This memorandum has been prepared by Wilcoxamp Barton Inc on beha1fofthe Town ofWalpo1e to provide confirmation that the earthwork and installation of final capping layers at the site was performed in accordance with project design documents and United Stated Environmental Protection Agency (EPA) approvals The locations and cap alternatives are depicted on the attached survey plan titled Summa1y ofConstructed Cap Alternatives As-Built Site Plan
This memorandum applies to the construction of the Police Station and the South Street Center Council on Aging (COA) facility building The combined project area is referred to as the East of South Street (EOS) portion of the Blackbum amp Union Privileges Superfund Site
Earthwork excavation grading installation of geotechnical ground improvements placement of imported fill and construction were performed in accordance with the following EPA Approved Soil Management Plans (SMP) and Conditional Approval Letters (CAL)
EOS - SMP Addendum November 23 2015 CAL-November 27 2015 EOS - SMP Addendum March 30 2017 CAL - March 30 2017 EOS - SMP September 20 2017 Conditional Approval via email - September 20 2017
The SMPs listed above and EPA approvals incorporated revisions to approach and implementation per electronic mail communication between the following members of the project team
Town of Walpole bull Robin Chapell Health Director bull Bryan Jarvis Owners Project Manager Compass Project Management bull David Foss Environmental Consu1tant
US Environmental Protection Agency bull Rich Fisher Remedial Project Manager bull Lisa Thuot Remedial Project Manager
On November 13 2018 EPA conducted a site inspection at the COA construction project The observations made during that inspection are documented in the Walpole COA Final EPA Site Inspection Report dated December I8 20 I 8
Soil Management
Fol1owing remedy implementation performed by the Responsible Parties no soil (backfill) above the approved vertical limits exceeded the numeric criteria set forth in the Record of Decision (ROD) There were instances where soil remaining in place did exceed the numeric criteria TI1e vertical limits were established as
a The depth of excavation was 10 feet or greater below grade b The depth of excavation was at or below the average seasonal Jow groundwater
elevation (1592 feet NGVD29) and c The excavation extent was Jimited due to the proximity of any public roadway
specifically South Street
During site preparation and construction by the Town of Walpole and its contractors site soil was managed in accordance with the SMP At the completion of construction all subgrade soil has been capped with hardscape (asphalt or concrete pavement) or a I-foot minimum ofclean fill underlain by a geotextile fabric as a visual marker layer Each cap area is depicted on the attached figure and any changes in the configuration of the capping relative to the layout proposed in project design documents the SMP were made to address architectural and engineering design requirements and not as a result of a change in subsurface conditions It is noted that grading and earthwork included the management of soiJ from the northern portion (Police Station) of the site to the southern portion COA) It was not feasible to segregate fill material that was imported following remediation activities conducted by the Superfund Responsible Parties from soil sourced at the site The soil beneath the constructed caps may contain COCs in excess of the numeric ROD values (eg see Table 4-1 of the Revised Draft Remedial Construction Report - Soil Remedial Action - Phase 2) As such all soil located beneath the constructed caps at the site is considered to be of quality and condition consistent with non-backfill soil Thus except as detailed in the utility trench section below soil beneath the constructed caps may contain constituents of concern at levels less than the site-specific criteria set forth in the EPA Record of Decision (ROD)
Utility Trenches
During the insta11ation of below grade utilities all utility trenches were backfilled with granular fill in accordance with the project specifications Granular fill as defined in the project specifications is an imported clean material The purpose of backfilling utility trenches and corridors with imported material was to minimize the potential for a future utility repair contractor to have direct contact with non-backfill soil Each utility trench was excavated to the depth specified for each utility in accordance with the project design documents and building code requirements The width of each utility trench was equal to or greater than two times the diameter of the utility pipe or conduit at the depth ofpipe installation
During the construction ofboth the Police Station and COA buildings a vapor barrier was installed beneath the slab-on-grade foundation in accordance with the project design documents The vapor barriers were designed to facilitate passive venting through stacks to the building roofs No data exists suggesting an historic or on-going source of volatiles in soil or groundwater beneath the Police Station and COA building footprints therefore the sub-slab ventilation components are only planned to operate passively
NAUL
It is anticipated that a Notice of Activity and Use Limitation (NAUL) will be recorded for the site and the attached figure (or equivalent) wilI be incorporated into the NAUL Consistent with the requirements set forth in MassDEP regulations the NAUL wil1 place restrictions on and detail response actions necessary if the implementation of future utility repair or construction work requires the penetration of the existing cap All cap layers shall be repaired to maintain the effectiveness of the visual and physical barriers consistent with current conditions to isolate subsurface soil from direct contact at the surface
Conclusion
The following conclusion is based on observations made by Wilcox amp Barton Inc Compass Project Management and Town of Walpole personnel and qualified professionals on the Town of Walpole project design team Wilcox amp Barton Inc is relying on the certifications of the professional engineers that have inspected the project work and confirmed completion of the work in accordance with the project design documents and specifications
It is the conclusion of WiJcox amp Barton Inc that soil management and insta1lation of final capping layers at the site was performed in accordance with project design documents and EPAshyapproved SMPs The locations of cap alternatives are depicted on the attached survey plan titled Summary ofConstructed Cap Alternatives As-Built Site Plan The attached figure documents the following capped areas of the site
bull Landscaped Area with Cap Thickness ltl OFeet bull Landscaped Area with Cap Thicknessgt10 Feet
(or Outside Area of known Contamination) bull Pavement and Concrete Cap Area bull Building Cap Area
As noted on the Summmy ofConstructed Cap Alternatives As-BuUt Site Plan the thickness of final cap construction may be less than 10 feet in close proximity to the Neponset River and South Street road shoulder where construction limitations restricted excavation work as approved in the ROD
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Bk 39600 Pg450 88608
Exhibit F
Copy of Vote of Town of Walpole
Bk 39600 Pg451 88608
Walpole Town Hall TOWN OF WALPOLE 135 School Street Walpole MA 02081COMMONWEALTH OF MASSACHUSETTS
Phone (508) 660-7300 Fax (508) 660-7303
May 13 2021 Commonwealth of Massachusetts Executive Office of Energy amp Environmental Affairs Massachusetts Department of Environmental Protection Office of Genera Counsel One Winter Street Boston MA 02108
Subject Signatory Authorization Notice of Activity and Use Limitation Documents Blackburn amp Union Privileges Superfund Site South Street Walpole Massachusetts EPA Site Identification Number MAD982191363 MassDEP Release Tracking Number 4-300060
Dear Sir or Madam
I Elizabeth Gaffey Town Clerk of the Town of Walpole hereby certify that
bull Jim Johnson is the Town Administrator of the Town of Walpole
bull The following vote was taken unanimously by the Select Board of the Town of Walpole on April 06 2021
To authorize the Town Administrator Jim Johnson to sign on behalf of the Town a Notice of Activity and Use Limitation with respect to the property identified by Town of Walpole tax ID number 046-001-334 such Notice intended to implement a portion of the selected remedy at the Blackburn and Union Superfund Site
bull Town Administrator Jim Johnson is authorized pursuant to said vote by the Select Board to execute on behalf of the Town said Notice of Activity and Use Limitation