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HomeMy WebLinkAbout0064 HARBOR ROAD - Health 64 HARBOR RO A= D o f i � JJI e 1 I� w 1 r� I 1 I k I` f January 4, 2008 TO: Thomas A . McKean and Meredith Morgan, Health Department FROM: Dennis Carey, RE: Du mp ster Enclosure at 64 Harbor Road, Hyannis. I have received your notice regarding the fact that the .dunpster located at 64 Harbor.Road mist be enclosed and screened from the neighbor's view. I have contracted Tiy builder, Bruce Mills to complete the work.. As soon as it has been coupleted I will, notify you and send you a picture for your files . Currently, the contractor is vork..ing vith,in the framework of time designated by the Board of Health. S ' .cerely, Dennis M. Carey p-. c-n . co rn r Certified Mail#7006 0810 0000 3525 3282 �ofT4 >ol, 'Town of Barnstable Regulatory Services 9 SASS Thomas F. Geiler, Director �TfD MA� Public Health Division Thomas McKean, Director -_ 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 December 12, 2007 Dennis Carey P.O. Box 1 Hyannisport, MA 02647 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE. The property owned by you d- t arbor Road Hyannis, was inspected on December 11, 2007 tMeredith Morg , Health Inspector for the Town of Barnstable..This inspe was co ed on the basis of a complaint received regarding location and usage of the dumpster on the property. The following violations of the Town of Barnstable Code were observed: 353-4 Minimum setback to abutting property line-No person shall store any rubbish or garbage less than 10 feet away from an abutter's property line. The dumpster and concrete pad were observed to be approximately 7 feet away from abutting property. 353-5 Screening of refuse storage areas in other than single-family dwellings- Storage of refuse from multiple-family dwellings shall be as follows: All outdoor rubbish and garbage storage areas shall be located in an area which is screened from the neighbor's view and from public view. The dumpster was observed to not be screened in and was visible from the street. You are directed to correct the violations listed above within thirty (30) days Q:\Order letters\Housing violations\Rental ordinance\64C Harbor Road.doc of your receipt of this notice by providing a minimum setback of 10 feet between the dumpster and the abutting property., The dumpster must also be screened from neighbor and public view. You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance will result in a fine of $100.00 per violation. Each day's failure to comply with an order,shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE OARD OF HEALTH Thomas A. McKean, R.S., CHO Director of Public Health Town of Barnstable Cc: Meredith Morgan, Health Inspector QA0rder letterMousing violations\Rental ordinance\64C Harbor Road.doc Chapter 353: NUISANCES iHlS!-ORY:Adopted by the Town of Barnstable Board of Health as indicated in article histories. Amendments noted where -inlicable.] ARTICLE I Storage of Garbage and Refuse [Adopted 5-21-1980; revised 8-24-1999, effective 9-2-1999 (Section 1.00 of Part Vlli of the 1991 Codification as updated through 6-1-1996)] i 353-1. Responsibilities of owners and occupants. The occupant of any building used for business or habitation shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness in that part of the building and outside area which.he occupies or controls. The owner of any building, vacant or otherwise, or parcel of land shall be responsible for maintaining such building or land in a clean and sanitary condition,free from.garbage;rubbish, or other refuse: ,y g 353-2. Storage of garbage and rubbish. Garbage, or mixed garbage and rubbish, shall be stored in watertight receptacles with tight-fitting covers. Said receptacles and covers shall be constructed of metal or other durable, rodentproof material. §353-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: GARBAGE The animal, vegetable, or other organic waste resulting from the handling, preparing, cooking, consumption or cultivation of food, and containers and cans which have contained food unless such containers and cans have been cleaned or prepared for recycling. ^UBBISH —Combustible or noncombustible waste materials, except garbage, including but not limited to such material as .per, rags, cartons, boxes,wood, bottles, plastic, rubber, leather, tree branches, yard trimmings, grass clippings, tin cans, metals, mineral matter; glass, crockery,dust,.and residue from the burning of wood, coal, coke, and other combustible materials. 353-4. Minimum setback to abutting property line. No person shall store any rubbish or garbage less than 10 feet away from an abutter's property line. Where compliance with this provision is not possible due to existing physical constraints of the property, the refuse container(s) shall be set back away from 'he property line to the maximum separation distance feasible. $353-6. Screening of refuse storage areas in other than single-family dwellings. Storage of refuse from commercial buildings, lodging houses, multiple-family dwellings, municipal buildings and other business :stablishments.(excluding single-family dwellings) shall be as follows: All outdoor rubbish and garbage storage areas shall be ocated in an area which is screened from the neighbor's view and from public view. Said screening may in the form of 'encing, evergreen trees or other plants capable of providing year-round screening, located around the refuse storage area in. Such a manner to block the view of the rubbish and garbage storage area from the neighbors and from other persons passing-by. 3 353-6. Violations and penalties. 'kny person in violation of this regulation may be fined $40. Any person who fails to comply with an order issued pursuant to this egulation shall be fined $40. Each separate day's failure to comply with an order shall constitute a separate violation. ATICLE II Maintenance of Private Sewage Systems [Adopted 8-19-1986, effective 8-25-1986 . .;tion 2.00 of Part VII of the 1991 Codification as updated.through 6-1-1996)] 3 353-7. Maintenance of systems required. =very owner, or agent, of premises in which there are private sewers, individual sewage disposal systems, or other means of Sewage disposal, shall keep the sewers and disposal sewage systems in proper operational condition and have such works r � September 12, 2007 TO: Board of Health, Hyannis, Massachusetts FROM: Dennis M. Carey RE: Inspection of property located at 64C Harbor Road, Hyannis, Ma. Inspection Division: Following your inspection on August 7, 2007 a permit was pulled to install a windown in the bedroom. Under the code 59-2 a window was installed professionally by my contractor according to the code. A copy of the window installation is enclosed with this letter. Should you have any questions please feel free to call me. incerely, Dennis M. Carey I Certified Mail#7003 1680 0004 5458 5217 ,,�j rati Town of Barnstable o� Regulatory Services BARNSTABLE. 9� MAS& ,�g Thomas F. Geiler,Director A'F1639. Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 August 7, 2007 Dennis Carey P.O. Box 1 Hyannisport, MA 02647 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II'—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN'OF BARNSTABLK CODE.CHAPTER 1.70. The propertyowned1by:you located at 64C Harbor Road Hyannis, was inspected on"August 6;2007 by Don=Desmarais, Health Inspector for.the-Town,ofBarnstable. This inspection was conducted on the basis of the rental registration in accordance with Chapter 170 of the Town of Barnstable Code. The following violations of the Town of Barnstable Code were observed: Definitions. Bedroom does not have window. You are directed to correct the violations listed above within thirty (30) days of your receipt of this notice by pulling building permit and installing at least one window large enough to provide means of emergency egress. You may-request_a hearing-before the Board of Health if written,petition requesting same isjeceivedVithin`ten(10) days after the.dateahe order is served. i Non-compliance -will result in-a fine of $100.00 per violation:" Each d_ay's failure to comply with an'ordef-shall constitute a separate violation. QAOrder letters\Housing violations\Rental ordinance\64C Harbor Road.doc Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. WRER OF TH OA OF H ALT . Thomas A. McKean, R.S., CHO Director of Public Health Town of Barnstable Cc: Donald Desmarais, Health Inspector I QAOrder letters\Housing violations\Rental ordinance\64C Harbor Road.doc Town of Barnstable *Permit# �b -5)1 v Expires 6 months from issue da Regulatory Services Fee Zu Thomas F.Geiler,Director Building Division Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.bamstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number tS tl 7.112— Property Address 1(av�- ❑Residential Value of Wor Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address A 4 Qe�s� Z.l A-"r;tX me, 6)�_Y7 Contractor's Name Rf-o �_ i (J g Telephone Number<_0 Home Improvement Contractor License#(if applicable) 1 36®03, Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: �v am a sole proprietor ❑ I am the Homeowner X-PRESS PERMIT ❑ I have Worker's Compensation Insurance Insurance Company Name AUG 15 2007 Workman's Comp.Policy# TOWN OF BARNSTABLE Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) ❑ Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side 64 e& 'SQA C GJ c 3 ta0lSf�'i� `Replacement Windows. U-Value a� (maximum.44) � � Seer *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. `�� ( (z Home Improvement Contractors License is required. 31 SIGNATURE t_ Q:Forms:expmtrg Revise071405 � ✓fie Laornnzamwecz� a�_-f(�wacfucaP,C7a BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number: CS 078687 B i rthdate: 05/29/1960 Expires: 05/29/2004 Tr.no: 78687 Restricted To: 00 BRUCE P MILLS _ 16 CROOKED POND RD HYANNIS, MA 02601 Administrator fie �oorumamcuealCfz a��ticwa�,cluaelZa aef Board Building Regulations and Standards _ - ( License or registration valid for individul use only ;. HOME-IMPROVEMENT CONTRACTOR before the expiration date. If found rr.turn to: Board ofBuildin Regulations and Standards Registration: 136003 ge b I Expiration: 5/30/04 One Ashburton dace Rm 1301 'wpe: Individual Boston,Ma.02108 BRUCE F. MILLS BRUCE MILLS 16 CROOKED POND RD. _� � c HYANNIS,MA 02601 - ------ - - --- - - Administrator Not valid without sienatur2 ,r LETTER Off" TR(9N30 TTt9L a AR....J e..._A A &.. L .• >., i N Date:' Project No Attention: .`t;:i_r J. C. Re: Tel: (508)675-9600 Fax: (508) 675-9601 Lk 1 TO:—VI %'s. IRVA WE ARE SENDING YOU XAttached ❑Under separate cover via the following items: ❑ Draft Report Final Report ❑Plans ❑Contract/Proposal ❑Invoice ❑ Copy of Letter ❑Laboratory Data ❑Other COPIES DATE NO. DESCRIPTION 1 e THESE ARE TRANSMITTED as checked below: ❑/For approval ❑ Sign and return original ❑For review and comment �p For you information ❑Approved as noted ❑ /❑` As requested U For Payment ❑DOCUMENTS RETURNED AFTER LOAN TO US Remarks: COPY TO SIGNED. P.O. Box 9585 ® Fall River, MA 02720 If enclosures are not as noted,kindly notify us at once. KAEGAEL Phone: (508) 675-9600 " Fax: (508) 675-9601 ENVIRONMENTAL IINC. January 14, 2005 Bureau of Waste Site Cleanup Massachusetts Department of Environmental Protection Southeast Regional Offices 20 Riverside Drive T a ceville,MA 02347 Attn:Mr. Gerard Martin, Chief RE: Release Tracking Number:4-0732 64 Harbor Road,Hyannis ACOP-SE.03-3P-003 Dear Mr. Martin: , Please be advised that I have been engaged as the Successor LSP of Record for the above referenced Site. As art of such engagement I have performed a Site inspection ofthe Pro ey p reviewed historic Site documentation and reviewed the recent dal actions undertaken and environmental ement a as a briefly conducted by Kaegael Environmental,Inc. s Project M assessment J onagers for this Site. In accordance with the provisions of 309 CMR4.02(4)and 4.03(3),this preliminary work serves as the basis and rationale for the � iteu LSP apiaions rendered hereinn. In review of the available information as stated above, it is evident that residually impacted soils remain building foundation and groundwater impact appears to be attenuatingvia naturalject below the As I have only just recently been provided with the historic information and regulatory difficulties associated withthe former LSP of Record for this Site, m focus at this point compliance with respect to ACO established timelines and deliverables.a has been to attempt to maintain regulatory es. As a result of the limited amount of time to review the work completed to date,I have opted at this point to maintain the course selected by the previous LSP which specifically includes the selection of Monitored Natural Attenuation as a Comprehensive Remedial Action. Althoughouch it is clear that standard protocols established by the DEP and EPA policies for establishing ac have not been strictly adhered to, it is my hope to discuss these shortcomings with you implement ofthis approach F modifications to the proposed sampling any suggested 'E and monitoring plan prior to the neat scheduled sampling event in March 2005. One West Street P.O. Box 9585 Fall River, MA 02720 I However, I think it is important to note that indoor air sampling conducted in the Property budding in Jan basement level of the residential � January 2004 exhibited no detectable concentrations of the although the Site is located over contaminants of concern. In a DEP designated Sole Source aquifer,recent anal addition, and Total Dissolved Solids (1,250 Yam testing for Chloride(606 ppm) PPm) in Site ground water demonstrates that the groundwater is considered to be exempt from GW-1 classification per 310 CMR 5 40.0932 downgradient to the subject Pro ( d to Furthermore,all residential buildings proximal and demonstrate that no current expo Property are reportedly connected to the municipal water supply. These combined factors sure pathway to receptors living directly above the former source area immediate vicinity of the release Site have been identified to date. As such,it is my opinion that the r ea or in the approach will not result in any significant risk of harm to surrounding residents or the environment.p /scribed MNA fil summary, it is expected that quarterly monitoring modifications are suggested)with sampling will continue as described in the attached report (unless prepared rounds expected to be completed it March and June 2005. Accordingly, a six month status report will be prepared and submitted on or before June 15, 2005: All future work will under my direct supervision in a manner consistent with 309 CMR 4.02(2),the MCP Response Action Perf proceed Standards (RAPS),pursuant to 310 CMR 40.0191 and the Qualityormance Environmental, Inc.. The facts and statements herein, are to e beso fmy WControl policies of Kaegael representation ofthe Site activities and environmental conditions associated with the project as of the true and accurate J the date ofthis filing. By way of copy of this correspondence,the public notice requirements of the MCP are being thus correspondence provides notification of the public availability request and the intent to perform Monitored Na of thus report at DEPSouthe addressed. Specifically, tural Attenuation the subject Propertyast Regional Office upon If there are any questions,please contact me at Kaegael Environmental at your convenience.as described in said report. Sincerely, For KAEGAEL ENVIRONMENTAL, Inc. Kevin J. Beaulieu, LSP Project Manager cc: Town of Barnstable,Municipal Office 367 Main Street H / Town of Hyannis,Board of Heal 367 Main Street Hyannis, MA 02601 Mr.Dennis Car Realty Yes,MA 02601 Carey,Harvard Realty Associates, 17 High School Road,Hyannis,MA 02601 Evan Pilavis,Esq., 17 High School Road,Hyannis,MA 02601 pp6 ' P i r ; I t. r 1 r { f Phone (Sos) 863-3 �02 2. Envirorime-ntal, Inc. Fax(5O8) 672-6935 February 2 2007 oo Bureau of Waste Site Cleanup MA DEPARTMENT OF ENVIRONMENTAL PROTECTION Southeast Regional Offices 20 Riverside Drive Lakeville, MA 02347 Attn: Ms. Molly Cote RE: CLASS A3 RESPONSE ACTION OUTCOME • RTN#4-16380/ACOP-SE-03-3P-003 64 Harbor Road—Barnstable(Hyannis), MA Dear M . Cote: LU L", -1As you are aware, on December 14, 1988, the DEP was notified of the release,of home heating ` `oil at the multi-family residence located at `64 Harbor--Road,_. .the-village of_.Hyannis; "' Barnstable, Massachusetts (hereby referred to as the subject Property). Upon notification, the F DEP assigned Release Tracking Number (RTN) 4-0 7 32 to track the response actions taken to "'addresstle oil release and issued a Notice of Responsibility to the Property owner on February `.' 23, 199,9- Various response actions and assessments were subsequently completed by multiple E_, consultants, ultimately culminating in the January 2001 submittal of a Class 132 - Response "4 E-�'Action►Outcome (RAO) Statement which was audited and found to be deficient by the DEP in ;January 2003. As a result of the audit, a Request for Immediate Response Action was issued to the Property owner and in September 2003, an Administrative Consent Order (ACOP-SE-03- 3P-003), detailing a time line for the completion of several required response actions, was agreed to by both parties. In January 2005, a report combining an Immediate Response Action Completion (IRAQ, a Phase II Comprehensive Site Assessment, a Phase III Remedial Action Plan (RAP), a Phase IV Remedy Implementation Plan (RIP) and a Final IV Final Inspection and Remedy Operation Status Report was filed by the Property owner with the DEP to document post RAO retraction activities and the resulting Monitored Natural Attenuation (MNA) remedy. It was on this date that Kevin J. Beaulieu, officially became the successor LSP-of-Record, providing direct oversight of all ROS monitoring assessments while under the employment of Kaegael Environmental, Inc., who went out of business in September of that same year. All subsequent work has been completed and issued by the same LSP while being employed by Wave 2 PQ ff)ox 1549 , 349 Fountain jtreet r Pall (liver, MA 02722 J 'ice it Class A3 RAO(January 2007) 64 Harbor Road,Hyannis,MA Page 2 Environmental, Inc. (Wave 2). It is the opinion of this LSP that all work overseen during this time period was completed in a manner that is consistent with the provisions of Massachusetts Contingency Plan (MCP)and all currently accepted standards of practice. Based on a review of historic records, the heating oil release originated from a leaking feed line located below the concrete basement floor of the on-site residential home. The line ran from the former AST located in the northeast quadrant of the basement to the home's heating system located to the southeast. The release discovery triggered several investigations to determine the extent of petroleum contamination and potential exposure risks resulting from same. Response actions completed since site discovery were limited to the removal of the fuel storage and delivery system and the replacement of fuel oil fired heating systems with natural-gas fired units. With the exception of reported free product recovery from on-site wells, Monitored Natural Attenuation has been the only other response action employed to further reduce residual contaminants in groundwater beneath the subject Site. The conceptual site model completed for the subject release by the current LSP describes that the released fuel oil migrated vertically via gravity through a breach in the feed line into underlying soils. As rainwater infiltration above the release area was restricted by the building, it is assumed that the fuel oil percolated vertically via gravity through sub-slab soils until reaching the underlying groundwater table located ten feet below the floor surface. Once encountering the groundwater table, the oil floated on the water table, traveling in the general direction of groundwater flow to the south. Once the oil plume extended beyond the building foundation limits, rainwater infiltration and subsurface conditions furthered its degradation and transport toward the southern and eastern Property limits. Testing of off-site wells installed in 1997 revealed that dissolved site contaminants migrated off site to a distance of approximately 500 feet south and east. Subsequent sampling in 1999 in the same areas found no measurable concentrations indicating that the plume had likely shrunk. As mentioned above, the source of the release (AST and buried fuel line) was immediately eliminated and natural biodegradation mechanisms have since reduced the concentration of oil in the groundwater within the source area to values approaching background levels. With groundwater conditions continuing to improve`with time, potentially saturated soils situated above the water table beneath the residential building remain as the sole location of residual contamination resulting from the release. Occasional high water table events may provide some future "washing" of these soils, but without rainwater infiltration to facilitate the absorption of oil, the soils will likely remain impacted until the building is removed. Based on the results of the Method 2 Risk Characterization completed as an essential component to the attached report, it has been concluded that a condition of"no significant risk" of harm to health, public welfare or the environment exists for the subject Site under current use scenarios. In review of the complete Method 2 Risk Characterization, it is recognized that the consideration of site specific conditions played a major role in the risk assessment conclusions. The primary component was the application of the MCP GW-I exception Class A3 RAO(January 2007) 64 Harbor Road,Hyannis,MA Page 4 prepared. Where available, laboratory reports for data utilized in the calculation of exposure point concentrations or in support of Method 2 Risk Assessment statements have been attached to the report for ease of reference. The appropriate Massachusetts BWSC Transmittal forms, public notice documentation, AUL documents and Feasibility Analysis completes the MCP requirements for this closure option. Specifically, the following have been provided with the attached report: • Registry Attested Activity &Use Limitation(original certified copy) • Proof of Deed Cross/Marginal Reference to AUL • Letters to on-site residents per 310 CMR 40.1074(1)(e)&Certified Mail Receipts • Newspaper advertisement confirmation for AUL filing(cut-sheet to follow) As required by the MCP,public officials must be notified of the filing and availability of this report. In addition, a copy of the recorded AUL implemented as part of this closure is to be provided within 30 days of recording with the Registry of Deeds. As such, by copying this cover letter (with an attached copy of the recorded AUL)to local municipal offices, the public notification requirements mandated by 310 CMR 40.1403(3)f and 40.1403(7) are hereby addressed. The complete RAO with all required documentation is available for review at both the Southeast Regional DEP office in Lakeville, Massachusetts and Wave 2 Environmental, Inc., of Fall River, Massachusetts. If you have any further questions or concerns, please feel free to contact our office at any time. Sincerely, For Wave 2 Environmental, Inc., on behalf of the PRP Kevin J. Beaulieu,LSP President Attachments: -BWSC 104-RAO Transmittal Form -BWSC 113—AUL Transmittal Form -Class A3 Response Action Outcome Report cc: Dennis Carey,P.O.Box 1,Hyannisport,MA 02647 Town of Barnstable Board of Health,200 Main Street,MA 02601(Letter w/AUL) Town of Barnstable Town Manager,367 Main Street,MA 02601(Letter w/AUL) Town of Barnstable Zoning Official,200 Main Street,MA 02601(Letter WALL) Town of Barnstable Building Code Enforcement Official,200 Main Street,MA 02601(Letter w/AUL) Bit 21716 P--;246 Z .; .;23 01-22-2007 a 01 a 55D NOTICE OF ACTIVITY AND USE LIMITATION M.G.L.c.21E,§6 and 310 CMR 40.0000 Disposal Site Name: Residential Property DEP Release Tracking No.(s): 4-0732 This Notice of Activity and Use Limitation("Notice")is made as of this GZ e'o day of January, 2007, by Mr. Dennis M. Carey and Mrs. Jeanne S. Carey with a mailing address of PO Box I in Hyannisport, Barnstable, Barnstable County, Massachusetts 02647, together with their successors and assigns(collectively"Owner"). WITNESSETH: N WHEREAS, Mr. Dennis M. Carey and Mrs. Jeanne S. Carey, are the owner(s) in fee simple of that certain parcel of land located in Barnstable (Hyannis), Barnstable County, a Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Barnstable County Registry of Deeds in Book 3747,Page 267; WHEREAS, said parcel of land, which is more particularly bounded and described in Exhibit A,attached hereto and made a part hereof("Property")is subject to this Notice of Activity and o Use Limitation. The Property is shown on a plan recorded in the Barnstable County Registry of m Deeds in Plan Book 376,Page 63 ; OC WHEREAS,a portion of the Property("Portion of the Property")is subject to this Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. Ther Portion of the Property is shown on a plan recorded with the Barnstable County Registry of Deeds in Plan Book 614, Page 68 and on a sketch plan attached hereto and filed herewith for registration; WHEREAS,the Portion of the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof;and WHEREAS, one or more response actions have been selected for the Disposal Site in " n 10 CMR Massachusetts Contingency Plan, 3 accordance with M.G.L. c.21E( Chapter 21E )and the M g Y 40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in,on,through,over or under the Portion or the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion"),dated January 8, 2007,(which is attached hereto as Exhibit C and made a part hereof); NOW,THEREFORE,notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: Bk 21716 Pg 247 #4423 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time(pursuant to 310 CMR 40.0000)so long as any of the following activities and uses occur on the Portion of the Property: (i) Residential uses of the property and activities consistent therewith which do not cause and/or result in direct contact with, disturbance of, and/or relocation of, the petroleum-contaminated soil currently located within the building footprint to depths of approximately 10 feet below the surface of the buildings concrete basement floor; (ii) Excavation associated with emergency or short term (three months or less) underground utility and/or construction work,provided it is conducted in accordance with a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i)and(ii)of this Opinion;and involves the repair and/or replacement of the concrete floor with a comparable barrier immediately following the completion of the project; (iii)Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph;and (iv)Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation,and which, if implemented at the Portion of the Property,may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Activities and/or uses which are likely to involve the removal and/or disturbance of the concrete basement floor in the AUL Area and/or the disturbance of the petroleum-contaminated soil located beneath the concrete floor without the prior development of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i)and(ii)of this Opinion; (ii)Relocation of the petroleum-contaminated soil from beneath the concrete floor in the AUL Area unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk;and (iii) Activities and/or uses which may cause physical or chemical deterioration, breakage,or structural damage to the concrete basement floor. Bk 21716 Pg 248 #4423 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity which is likely to disturb petroleum-contaminated soil located to depths of 10 feet below surface grade within the AUL Area. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust or particulates. On-site workers must be informed of the requirements of the Soil Management Plan, and the plan must be available on-site throughout the course of the project; (ii) A Health and Safety Plan must be prepared by a certified Industrial Ilygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented prior to the commencement of any activity,which is likely to disturb petroleum-contaminated soil located at depths down to 10 feet below surface grade within the AUL Area. The Health and Safety Plan should specify the type of personal protection (i.e., clothing, respirators), engineering controls, and environmental monitoring necessary to prevent worker exposures to petroleum- contaminated soil through dermal contact, ingestion, and/or inhalation. Workers must be informed of the requirements of the Health and Safety Plan, and the plan must be available on-site throughout the course of the project;and (iii) The petroleum-contaminated soil located to depths to 10 feet below surface grade within the AUL Area must remain at depth and may not be relocated, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an _ Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective-of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions; if Bk 21716 Pg 249 #4423 necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq.,the owner or operator of the Portion of the Property subject to this Notice at the time that the activities,uses and/or exposures change,shall comply with the requirements set forth in 310 CMR 40.0020. 6. 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 and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned L.SP,and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office(s). WITNESS the execution hereof under seal this /02 _day of January,2007. Mr.Dennis M.Carey M .Jeanne S.Carey COMMONWEALTH OF MASSACHUSETTS Barnstable,ss January z , 2007 On this I'Aday of January,2007,before me,the undersigned notary public,personally appeared Mr. Dennis M Carey and Mrs. Jeanne S. Carey, proved to me through satisfactory evidence of identification,which were M A DY)ve v S l,l(ZSrI_,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that(he)(she)signed it voluntarily for its stated purpose. I Bk 21716 Pg 250 #4423 Notary Public: 1✓m j K j A�� n t h My Commission Expires: C7q )13 jW13 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. ►�V4 Date:January 1h ,2007 ' KEVIN J. BEAULIEU Cn Kevin .Beaulieu,LSP NO. 16990 TF J►F�n>�T p�OF�S COMMONWEALTH OF MASSACHUSETTS Barnstable,ss January 2007 On this.I.F..,day of January,2007,before me,the undersigned notary public,personally appeared Mr. Kevin J. Beaulieu, proved to me through satisfactory evidence of identification, which were IriAs& iL1('1-*N5z , to be the person whose name is signed on the preceding or attached document,and acknowledged to me that(he)(she)signed it voluntarily for its stated purpose. �i No Public: X. My Commission Expires: ��/�/i�CYG� A.:..•••••�••.; Upon recording,return to: �: •Q�. v~° Mr. Dennis M.Carey 4 PO Box i Zi•' Hyannisport,MA 02647 I � Bk 21716 Pg 251 #4423 EXHIBIT A (Description of Parcel of Land Containing Area Subject to AUL) A certain parcel of land situated in Hyannis, Barnstable County, Massachusetts, owned by Dennis M. and Jeanne S.Carey,PO Box 1,Hyannisport,Massachusetts. The parcel is shown as Lot 3 on a plan entitled, "Plan of Land", dated April 5, 1983, Scale 1"=40', prepared by Frank Conery, PE., Centerville, Massachusetts, and recorded with the Barnstable County Registry of Deeds in Plan Book 376, Page 63 and being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Harbor Road, approximately one hundred and thirty-four and 14/100 (134.14) feet south of Warren Avenue, at the southwest corner of land now or formerly of Dennis M. Carey;thence running S 790 29'00"W by land now or formerly of Dennis M. Carey one hundred sixty and 00/100(160.00)feet;thence turning and running S 13" 16' 20"W by land now or formerly of Sebastion Volpe one hundred twenty and 9/100(120.09)feet;thence turning and running S 790 21' 50"W by land now or formerly of Sebastian Volpe one hundred eleven and 56/100(111.56)feet;thence turning and running N 100 3 P 00"W along the easterly sideline of Harbor Road,one hundred ten and 12/100 (110.12) feet to the point of beginning, containing 14,932 square feet of land,more or less,according to said plan. Bk 21716 Pg 252 #4423 EXHIBIT A-1 (Description of Area Subject to AUL.) That certain portion of a parcel of land,said parcel of land being situated in Hyannis,Barnstable County,Massachusetts,and being shown as Lot 3 on the aforementioned plan recorded with said Deeds in Plan Book 376,Page 63,said portion being shown as the"AUL Area"on a plan entitled,"Activity and Use Limitation Plan",dated November 29,2006,Scale 1"=20',prepared by Silva Engineering Associates,P.C.,Bridgewater,Massachusetts,and recorded with the Barnstable County Registry of Deeds in Plan Book 614,Page 68 and being more particularly bounded and described as follows: BEGINNING AT THE LAND COURT BOUND AT THE SOUTHEAST CORNER OF A PROPERTY KNOWN AS 63 HARBOR ROAD HYANNIS,MA(ASSESSORS MAP 306 LOT 173-3);THENCE RUNNING NORTH 79°21'50"EAST FORTY FEET(40.00')TO THE SOUTHWEST CORNER OF A PROPERTY KNOWN AS 64 HARBOR ROAD,HYANNIS,MA (ASSESSORS MAP 306 LOT 173-3); THENCE RUNNING N 79021 '50"E FIFTY-TWO AND 23/100 FEET(52.23');THENCE RUNNING N 10038'10"W FIFTY-SEVEN AND 77/100 FEET(57.771)TO THE BEGINNING POINT OF THE ACTIVITY&USE LIMITATION AREA OF 64 HARBOR ROAD;THENCE RUNNING N 11004'43"W TWELVE AND 51/100 FEET(12.51');THENCE RUNNING N 7815 5'17"E ELEVEN AND 57/100 FEET(11.57);THENCE RUNNING N 11°04'43"W NINE AND 12/100 FEET(9.12');'THENCE RUNNING N 78°55'17"E THIRTY-FOUR AND 98/100 FEET(34.98');THENCE RUNNING S I I004'43"E SIX AND 66/100 FEET(6.66');THENCE RUNNING N 78055'17"E FOURTEEN AND 4/100 FEET(14.04');THENCE RUNNING S 11104'43"E EIGHTEENAND 141100 FEET(18.14');THENCE RUNNING S 78055'17"W FOURTEEN AND 4/100 FEET(14.04');THENCE RUNNING S 11004'43"E FIVE AND 68/100 FEET(5.68');THENCE RUNNING S 78055'17"W THIRTY-FOUR AND 981100 FEET(34.98');THENCE RUNNING N 11004'43"W EIGHT AND 84/100 FEET(8.84');THENCE RUNNING S 78055117"W ELEVEN AND 57/100 FEET(11.57')BACK TO THE BEGINNING POINT OF THE ACTIVITY&USE LIMITATION AREA CONTAINING 1,466 SQUARE FEET OF LAND,MORE OR LESS ACCORDING TO SAID PLAN. Bk 21716 Pg 253 #4423 EXHIBIT B CBND 1 (held) MAP 306 LOT 172-2 • MAP 306 LOT 172-3 .+ i N79 y9'00 E 160.00 S11SC43'E ' S' 6.66' / o NIV0,V43' to 9.12' 14.0� ¢1 MAP 306 LOT 173-8 64 xy ��4 s16'�17'W Lr1 Z b � 1 17 W 11 aw YO `o o LOT 172-1 576 r q 14,934 S.F. �m N 0�34 Acres 11'04'43'W ro g ; U O, ram} J iVbV6J1 OR1VE'rJAY 3' µ7aS0'E 5223 111.9b' 57921w µ79'2190 E � MAP 306 LOT 173-4 LC.Bnd (held) PLAN REFERENCES: 1. DEED BOOK 3747, PACE 267. 2. PLAN BOOK 376, PAGE 63. 3. PLAN BOOK 110, PAGE 19 1: 'SKETCH PLAN ASSESSOR'S MAP 306, LOT 172-1 64 HARBOR ROAD BARNSTABLE (HYANNk MASSACHUSETTS FWARED FOR: WAVE 2 ENVWNIENTAL, INC. P.O. BOX 1549 FALL Rffl3k MASSACHUSETTS, 02T22 EILVA Eg ASSOCIATES P.C. 6c ENVIRONIdENYAL CONSULTANTS 1615 BED FORD STREET BRIDGE WATER MA. 02324 PHONE 5085 697-3100 FAX 508 697-313fi DRA N A 1•.gyp' AIfS t l 29 06 1g600BA1iL2 1 Bk 21716 Pg 254 #4423 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of 310 CMR 40.1074,this Activity and Use Limitatio��e Opinion has been prepared to support a Notice of Activity and Use Limitation for the Residential property located at 64 Harbor Road,Barnstable(Hyannis),Massachusetts. At time of the recording of this Activity and Use Limitation,the subject 0.34-acre parcel and the surrounding vicinity are zoned and used for residential purposes. A multi-family home, landscaped areas and two small parking lots occupy the property. A legal metes and bounds description of the property is provided in Exhibit A. Exhibit B attached hereto indicates the location of the disposal site relative to the subject property. The subject property and surround ing.area are provided with municipal water and sewer services and do not utilize the underlying water table for consumptive purposes. Site History In 1988,the release of home heating oil from an underground feed line connecting a former above ground tank to building heating systems was discovered and ultimately required notification to the Massachusetts Department of Environmental Protection(DEP). The notification triggered several investigations to determine the extent of petroleum contamination and potential associated risks resulting from the release. Response actions were limited to the removal of the fuel storage and delivery system and the replacement of fuel oil fired heating systems with natural-gas fired units. Subsequent subsurface investigations and assessments revealed that the released fuel oil migrated vertically via gravity through a breach in the sub-slab oil feed line into underlying soils until reaching the groundwater table. Once encountering the groundwater table,the oil floated atop the water table and traveled horizontally in the general direction of groundwater flow to the south. Once the oil plume extended beyond the foundation limits,rainwater infiltration and subsurface conditions furthered its migration toward the southern Property limit. The effects of transport and natural biodegradation mechanisms over the next 18 years eventually reduced the concentration of oil in the groundwater to levels approaching background, leaving the saturated soils beneath the concrete slab floor of the building as the only remaining impacted area. Occasional high water table events may provide some future"washing"but without rainwater infiltration to facilitate the absorption of oil from these soils,they will likely remain contaminated until the building is removed. Average Exposure Point Concentrations of petroleum related contaminants remaining in soils include 4,250 parts per million C9-C18 aliphatic hydrocarbons; 1,900 parts per million C19-C36 aliphatic hydrocarbons and 2,050 parts per million Cl 1-C22 aromatic hydrocarbons. Worst- case Exposure Point Concentrations of petroleum related contaminants remaining in groundwater are 5,445 parts per billion C9-C18 aliphatic hydrocarbons;2,145 parts per billion C 19-C36 aliphatic hydrocarbons and 3,389 parts per billion C11-C22 aromatic hydrocarbons. Petroleum related compounds were not detected in indoor air samples collected from within the building's basement. Reason for Activity and Use Limitation An MCP defined Method 2 Risk Assessment was completed to evaluate the risks posed by the release. Based on the results of the Method 2 Risk Assessment,it has been concluded that a condition of"no significant risk"of harm to health,public welfare or the environment exists for Bk 21716 Pg 255 #4423 the subject Site under current use scenarios. However,because the Method 2-S I direct contact standard for soil located beneath the site structure was exceeded,a potential risk exists in the event that the building is demolished and/or the accessibility of soils located beneath the building,currently categorized as"isolated",is changed. In accordance with regulations contained at 310 CMR 40.1012(2)(a)(1),an Activity and Use Limitation must be employed to restrict access to said soils during potential future construction activities or changes in site use that would result in removal of the Property building. Activities which may result in the disturbance of the concrete basement floor and/or relocation of the underlying soil to an area of greater accessibility must also be restricted in order to prevent exposures which may pose a Significant Risk to sensitive receptors. The following is an itemized list of Permitted and Restricted Uses and Activities developed to maintain a condition of`no significant risk' at the subject Property for the foreseeable future. Permitted Uses and Activities (i) Residential uses of the property and activities consistent therewith which do not cause and/or result in direct contact with,disturbance of,and/or relocation of,the petroleum- contaminated soil currently located within the building footprint to depths of approximately 10 feet below the surface of the concrete basement floor; (ii) Excavation associated with emergency or short term(three months or less) underground utility and/or construction work,provided it is conducted in accordance with a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i)and(ii)of this Opinion;and involves the repair and/or replacement of the concrete floor with a comparable barrier immediately following the completion of the project; (iii) Activities and uses which are not identified by this Opinion as being inconsistent with maintaining a condition of No Significant Risk;and (iv) Such other activities and uses which,in the Opinion of an LSP,shall present no greater risk of harm to health,safety,public welfare,or the environment than the activities and uses set forth in this paragraph. Restricted Uses and Activities (i) Activities and/or uses which are likely to involve the removal and/or disturbance of the concrete basement floor in the AUL Area and/or the disturbance of the petroleum- contaminated soil located beneath the concrete floor without the prior development of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations(i) and(ii)of this Opinion; (ii) Relocation of the petroleum-contaminated soil from beneath the concrete floor in the AUL Area unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk;and (ii) Activities and/or uses which may cause physical or chemical deterioration,breakage,or structural damage to the concrete basement floor. Bk 21716 Pg 256 #4423 Oblifzations and Conditions (i) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity which is likely to disturb petroleum-contaminated soil located to depths of 10 feet below surface grade within the AUL Area. The Soil Management Plan should describe appropriate soil excavation,handling,storage, transport,and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust or particulates. On-site workers must be informed of the requirements of the Soil Management Plan,and the plan must be available on-site throughout the course of the project; (ii) A Health and Safety Plan must be prepared by a certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented prior to the commencement of any activity,which is Iikely to disturb petroleum-contaminated soil located at depths down to 10 feet below surface grade within the AUL Area. The Health and Safety Plan should specify the type of personal protection(i.e.,clothing,respirators),engineering controls,and environmental monitoring necessary to prevent worker exposures to petroleum-contaminated soil through dermal contact,ingestion,and/or inhalation. Workers must be informed of the requirements of the Health and Safety Plan,and the plan must be available on-site throughout the course of the project;and (iii) The petroleum-contaminated soil located to depths to 10 feet below surface grade within the AUL Area must remain at depth and may not be relocated,unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk. Kev J.Beaulieu, LSP Date J Bk 21716 Pg 257 #4423 EXHIBIT D Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC 113A ACTIVITY& USE LIMITATION (AUL)OPINION FORM Release Tracking Number Pursuant to 310 CMR Ll 40.1056& 40.1070-40.1084(Subpart J) 4 _ I732 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: ;PROPERTY 2 Street Address: i64 HARBOR RD_ _.._._........_._........_..._.....---_.._._._.._._.___ 3. City/Town: 'BARNSTABLE -• - ---- . ......... ......I a, ZIP Code: 02630-0000 B. THIS FORM IS BEING USED TO: (check one) 1 Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. 2 Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A and C do not need to be completed. 3 Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4) 4 Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR -� 40.1083(3) 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40 1083(1)(d) _ 6 Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40,1071. 7 Provide the LSP Opinion for an Amendment of a Grant of Envlronmental Restriction,pursuant to 310 CMR 40.1081(3). i 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40 1083(2). 9 Provide the LSP Opinion fora Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c) L_! 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above,all sections of this form(BWSC113A)must be completely filled out,printed, stamped,signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? (�a No b. Yes If yes,then fill out address section below. 2. Street Address: I_ 3. CilyfTown. ' 11 4. ZIP Code: Revised:06/2712003 Page 1 of 2 Bk 21716 Pg 258 #4423 FL11Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY&USE LIMITATION(AUL)OPINION FORM Release Tracking Number 1 Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(H)complies with 310 CMR 40.1074; > if Section S indicates that an Evaluation of Changes in Land Uses/Activitles and/or Site Conditions after Response Action Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c. 21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080; > if Section B indicates that an Amended Notice of Activity and Use Limitation or Amendment to a Grant of Environmental Restriction is being registered end/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(ii)complies with 40.1081; > if Section B indicates that a Termination or a Partial Termination ofa Notice ofActivity and Use Limitation,or a Release or Partial Release of a Grant of Environmental Restriction is being registered andlor recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and 00 complies with 310 CMR 40.1083; > if Section B indicates that a Grant of Environmental Restriction is being registered andlor recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1071; > if Section B indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1085(4); 1 am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which 1 know to be false,inaccurate or materially incomplete. 1. LSP#: 11699 1 2. First Name: JKEVINJ 3. Last Name: BEAULIEU 4. Telephone: (508)863-3102 5. Ext.: -- 6. FAX: 7. Signature: -� 8. Date: O/ le mmlddiyyyy 9. LSP Stamp: KEVINWOF BEAUL J. AULIEU y NO. 1699 F /STE ?/sFSITF Revised:0612712003., Page 2 of 2 1kil:is COUNTY..._~._.1 {''ES-1 BARNSTABLE REGISTRY OF DEEDS r.tilc.-,uF,REGISTER _; LETTER OF TM9N3MMTH J""' Wave z Environmental, Inc. Date: 2/7/07 Project No. W015 Phone(508)865-51 oZ rax(508)67Z-6955 Attention:Ms.Molly Cote Re: RTN#4-16380/ACOP-SE-03-3P-003 64 Harbor Road Hyannis,MA 02601 TO: Massachusetts Department of Environmental Protection Southeast Regional Offices 20 Riverside Drive Lakeville,Massachusetts 02347 WE ARE SENDING YOU ❑'Attached ❑Under separate cover via the following items: ❑ Draft Report GX Final Report Q Plans ❑Contract/Proposal ❑Invoice ❑ Copy of Letter 5/Laboratory Data W/Other GS� (��ILy�t Ott COPIES DATE NO. DESCRIPTION 1 1/31/07 Class A3 Response Action Outcome report 1 1/22/07 Registry Certified Activity&Use Limitation(Appendix D) 1 1/31/07 BWSC-104 w/original signatures 1 1/31/07 BWSC-113 Woriginal signatures THESE ARE TRANSMITTED as checked below: ❑For approval ❑ Sign and return original ❑For review and comment For your information ❑Approved as noted ❑ U As requested ❑ For Payment ❑DOCUMENTS RETURNED AFTER LOAN TO US Remarks: EL - I ,ru ' D.E.P COPY TO:Mr.Dennis Carey SOUTHEAST-REGION Town of Barnstable Town Manager (Cover letter w/AUL only) );Town of Barnstable Boafd-of_Health(Coverletter w/AUL-only) Town of Barnstable Zoning Official(Cover letter w/AUL only) Town of Barnstable Building Code Enforcement Officer (Cover letter w/AUL only) � I c i SIGNED: P.O. Box 1549 ® Fall River,MA 02722 If enclosures are not as noted, kindly note us at once. April 10, 2007 f TO: Town of Barnstable, Regulatory Services, Public Health Division, 200 Main Street, Hyannis, Massachusetts 02601 ' FROM: Dennis and Jeanne Carey, P. 0. Box 1., HyannisPort, Ma. 02647 RE: Inspection of 64 Harbor Road, Hyannis, Ma. Thomas A. McKean, Director: Meredith Morgan, Health INspector: This is to notify the Board of Health that the following items as listed on inspection form has been completed. 1. 105 CMR 410.351 - The GFCI outlet in the bathroom has been replaced. 2. 170-10 - the smoke detector in the basement area of the home has been replaced. Dennis and Jeanne Car y for 6 arbor Road, Hyannis,.r.Ma. (�3 r 3 Certified Mail#7006 0810 0000 3524 9209 �oF'THE r, Town of Barnstable Y Regulatory Services SARNSCABLL ` 9 `ASS. Thomas F. Geiler, Director �p i6gq. �� Ar�°MA�a' Public Health Division ` Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 April 3, 2007 Dennis & Jeanne Carey P. O. Box 1 Hyannisport, MA 02647 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND=THE TOWN OF.BARNSTABLE CODE CHAPTER 170. . The property owned by you located.at.64.Harbor Road Hyannis, was inspected on April 1, 2007 by Meredith Morgan, Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of the rental registration in accordance-with Chapter 170 of the Town of Barnstable Code. The following violations of the State Sanitary Code were observed: 105 CMR 410.351 — Owner's Responsibility to Maintain Structural Elements. GFCI outlet in bathroom not tripping. AmkjC_� The following violations of the Town of Barnstable Code were observed: 170-10—Smoke Detectors and Carbon Monoxide Alarms. Inoperable smoke detector in basement.C � ) Note.:Rvannis Fire.Department has been notified that there was an inoperable smoke-:detector in the,basement..at the time inspection You are directed:':to correct the violations listed above within thirty (30) days -of your-receipt of this notice repairing or replacing smoke detector; by grounding outlet or replacing with two-prong outlet. I QAOrder letters\Housing violations\Rental ordinance\64 Harbor Road.doc You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance will result in a fine of $100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE B ARD OF HEALTH mas A. McKean, R.S., CHO __Director,of.Public Health Town of Barnstable Cc: Meredith Morgan, Health Inspector Q :\Order letters g \Housin violations\Rental ordinance\64 Harbor Road.doc r ,per COMMONWEAF Tli OF MASSACHUSETTS EXECUTIVE 0F17TCE OF ENVIRONMENTAL AFFAIRS DEPARTMENT Or ENVIRONMENTAL PROTECTION SOUTHEAST I JOIONAL OFFICE 20 Riverside Drive, Lakeville, MA 02347 (508) 946-2700 MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretary KERRY HEALEY EDWARD P.KUNCE Lieutenant Governor Acting Commissioner May 2,2003 Dennis Carey RE: Hyannis-BWSC/SMP RTN 4-0732 17 High School Road 64 Harbor Road Hyannis, Massachusetts 02601 NOTICE OF RESPONSE ACTION This is an linl)ortant notice. Promptly respond to uny requests contained herein. Failure to respond to cmv such requests could result in serious legal consequences. Dear Mr. Carey: The Massachusetts Department of 1311vironmental Protection, Bureau of Waste Site Cleanup (the Department), issued you a letier titled Response Action Outcome Denial/Request for Immediate Response Action via Certiticd Mail on January 30, 2003. Because this letter was not claimed by you, the Barnstable County Deputy Sheriff delivered the letter to you in hand on March 3, 2003. The letter prescribed a deadline of March 31, 2003 for you to submit a Permit Extension Application, an l nmediate Response Action Plan Modification and a copy of the Termination of the Notice of- an.Activity and Use Limitation for the Site to the Department. The Department requested the IRA Plan Modification due to the likelihood that non aqueous phase liquid (NAPL) is present on the groundwater beneath the Site and to assess whether Site-related oil and/or hazardous materials (OHM) are impacting the indoor air of residences located at and/or near the Site. On March 6, 2003., tlic Department received a letter from your attorney, Evan James Pilavis, indicating that you could not meet the deadline prescribed but would contact the Department during the month of A pri 1. To date, the Department has not received the documents requested. This letter is to provide you with notice that the Department is making arrangements to have its contractor conduct response actions at the above-referenced Site beginning on or about June 16, 2003. The response actions are described below. Massachusetts General Law Chapter 21E, Section 4, authorizes the Department to take or arrange for such response actions. M.G.L. c. 21E, Section 8, specifically authorizes the Department to enter any site and areas proximate thereto at reasonable times, and upon reasoiiabte notice, to undertake assessment, containment and removal actions pursuant to Section 4 ol'M.G.L. c.21E. _ This information is available in alternaw format Call Aprd\Ir(ahe,ADA Coordinator at 1-617-556-1171.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://wvwa.mass.gov/dep 10 Printed on Recycled Paper Hyannis-BWSC/SMP RTN 4-0732 Page 2 of 5 Notice of Response Action RESPONSE ACTIONS TO ICE TAKEN BY THE DEPARTMENT On or about June 1.6, 2003, the Department intends to conduct investigation and assessment activities in order to determine \.vhetlier NAPL is present at the Site and whether Site- related OHM is impacting the indoor air of the residences at and/or near the Site. The investigation and assessment activities may include, but not be limited to, the following: 1. Site reconnaissance to ascertain whether an}i of the groundwater monitoring wells previously installed at the Site are suitable for gau�oin« and/or sampling; 2. Gauging and/or sample collection fi-oin any of the existing groundwater monitoring wells, if suitable; 3. A soil-gas survey around the foundations of the residences located at and/or near the Site to determine whether Site-related OHNI is present in the soil gas; 4. Provision of all samples collected to a N,1assachusetts certified laboratory for analysis; 5. A review of the data to determine \-vhether a Condition of Substantial Release Migration exists, as described at 31.0 CMR 40.0006 (page 1477); 6. Indoor air sampling at the residences located at or near the Site, if necessary; and, 7. Mitigation and/or elimination of any G-iticat Exposure Pathway, if necessary, in accordance with 310 CMR 40.0414(')). The Department has not determined an estimated cost for the above-referenced activities. This letter provides you notice that the Department intends to proceed with the required response actions pursuant to its authority under M.G.L. c.21E, Sections 4 and 8. Your attention is directed to M.G.L. c.21E, Section 8 )10 CMR 40.0021 and 310 CMR 40.0170(2), (7) and (8) such that you are cautioned that you must not interfere with the Department's performance of response actions and that you may not proceed with these response actions without written approval of the Department. If at any time you wish to conduct the necessary response actions required at the Site, you may do so only with the permission of the Department. In order to ensure the timely and proper performance and completion of response actions, the Department is authorized to require a Responsible Party (RP), Potentially Responsible Party (PRP) or Other Person undertaking response actions to provide assurance of sufficient financial resources. [see 310 CMR 40.0170(6)]. Hyannis-BWSC/SMP RTN 4-0732 Page 3 of 5 Notice of Response Action STATUTORY LIABILITY The Department continues to consider you potentially liable under M.G.L. c.21E for up to three (3) times all response action costs incurred by the Department related to the.Site. The Department may also assess interest on c:o:,ts incurred at the rate of twelve percent (12%), compounded annually. If you Fail to volrn-itanly take the Response Actions, the Commonwealth has authority to place a lien on all your property within the Commonwealth to secure its response action costs. The Commonwealth, through the Attorney General, may foreclose on any such lien or bring legal action against you to recover its response action costs. The Department and the Attorney General may also pursue other legal action under M.G.L. c.21E and M.G.L. c.21A Section 16 for violations of Chapter 21E ai-Id other laws, regulations, orders or approvals. In addition to your liability for up to three (3) times all response action costs incurred by the Department, you may also be liable to the Commonwealth for damages to natural resources caused by the release. Civil and criminal liability may also be imposed under M.G.L. c. 21E, Section 11, and civil administrative penal(ics may be imposed under M.G.L. c. 21A, Section 16 for each violation of M.G.L. c. 21E, the N IUP, or any order, permit or approval thereunder. This liability is "strict", meaning it is not based on fault, but solely on your status as an owner, operator, generator, transporter or disposer. It is also "joint and several", meaning that you may be liable for all response action costs incurred at the Site, regardless of the existence of any other liable parties. The MCP requires responsible parties to take necessary response actions at properties where there is, or has been. a release or threat of release of OHM. If you do not take the necessary response actions; or fail to perform them in an appropriate and timely manner, the Department is authorized by M.G.L c. 21 [; Section 4 to have the work performed by its contractors, and, by M.G.L c. 21E Section 8 to enter any Site and areas proximate thereto at reasonable times, and upon reasonable notice. to undertake assessment, containment and removal actions in order to address the subject release. Should you take the necessary response actions at the subject Site, you can avoid liability for response action costs incurred by the Department and its contractors in performing these actions, and any sanctions which may be imposed for failure to perform response actions under the MCP. , If you cannot perform the response actions, you must submit a notice of financial, technical or legal inability as described In ; 1 O C MR 40.0172 to secure yourself with a defense to treble damages. Even if you have a delensc to treble damages, you will still be obligated to complete response actions that you are able to perform and continue to be liable for costs and damages. INTERIM DEADLINE FOR NOTIFICATION OF YOUR INTENT TO CONDUCT RESPONSE ACTIONS The Department will begin initiating the response actions described above unless you notify the Department in writing of your intent to perform the required response actions by 5:00 I Hyannis-BWSC/SMP RTN 4-0732 Page 4 of 5 Notice of Response Action P.M. on May 16, 2003. If you are able to conduct the response actions, you should retain the services of a Licensed Site Professional (F SP) and submit a Permit Extension Application, prepared in accordance with 310 CMR 40.0706, and an IRA Plan Modification, prepared in accordance with 310 CMR 40.0424, to the Department by May 30, 2003. Please note that a complete list of LSPs is available on the world Nvide web at www.state.ma.us/lsp/Isphome.htm, or by calling the letterhead phone number. The dates and times established For the above submittals are Interim Deadlines established pursuant to 310 C MR 40.0167. The Department's decision to establish one or more Interim Deadlines in accordance with 310 t`NAR 40.0167 is not subject to M.G.L. c. 30A or any other law governing adjudicatory procec-dii;,,s. failure to comply with these deadlines may result in the Department taking enforcement actions against you, including, but not limited to, the assessment of Administrative Penalties. By this letter, the Department pro\,ides you the opportunity to perform the necessary response actions at the Site, as described herein. in lieu of the Department. If you do not take the necessary response actions, or fail to perform them in an appropriate and timely manner, the Department is authorized by M.G.L. c. 21 F to perform the work. By taking such actions in lieu of the Department, you can avoid liability for response action costs incurred by the Department in performing these actions and any sanctions which may be imposed for failure to perform response actions under the MCP as described under the Statutory Liability section of this letter. Should you fail to voluntarily undcrtak,e the required response actions and provide the Department with the submittals required above by the established Interim Deadlines, or should you provide submittals that are deterimnc-d by the Department to be unacceptable, the Department will initiate these response actions and will initiate appropriate cost recovery and/or enforcement actions as described above. I F at any time you wish to assume responsibility for these response actions after the Department has initiated them, you may do so only with the written permission of the Department. ADDITIONAL REQUIRED RESPONSE ACTIONS Be advised that in addition to the specific response action requirements mentioned in this notification, you are responsible for conducti a all additional response actions required by M.G.L c. 21E, which may be necessary to complete the cleanup of this Site in accordance with the MCP. The subject Site shall not be deemed to have had all of the necessary and required response actions taken unless and until all substani.1al hazards presented by the Site have been eliminated and a level of No Significant Risk exists, err has been achieved, in compliance with M.G.L. c. 21E and the MCP. These response actions may include, but are not limited to, Comprehensive Response Actions and additional Immediate Response Actions. Hyannis-BWSC/SMP RTN 4-0732 Page 5 of 5 " Notice of Response Action If you have any questions relative to this notice, please contact Molly Cote at the letterhead address or by calling 508-946-2792. All future communications regarding this release should reference the followin release trac k i n g, number: RTN 4-0732. sincerely, lv imai_document copy is being proOded to you ekztronicailyby the tk pars anent of f nrironmental i'rotection.A signed copy of this document is on file at the DEP office listed on the le#crhead, Gerard M.R. Martin, Chief Site Management& Permitting Section M/MC/mc Documents/Sites/64 Harbor Road/NORA.doc Delivered in Hand by Barnstable County Dci)ttt}% Sheriff cc: Andrew Brolowski c/o KV Associates,Inc. 766 Falmouth Road Mashpee, Massachusetts 02649 ecc: Town of Hyannis Town of Hyannis Board of Selectmen Board of Health DEP - Boston Attn: Janine Commerford, Division Director of Technical&Financial Support DEP-SERO Attn: Data Entry Law Offices of John Ferris Dow 57 River Street- Suite 300 • Wellesley Hills•MA • 02481 Tel• 781-431-9900•Fax: 781-431-1122 y November 20, 2007 Via UPS overnight 1 Z F 31 945 22 1005 8081 Robin C. Giangregorio Town of Barnstable Zoning Enforcement 200 Main Street Hyannis, MA 02601 RE: 64 Harbor Road, Hyannis,Massachusetts Dear Ms. Giangregorio: Please be advised that this office represents Elizabeth F. Doty andDeborah Wear of 74 Harbor Road, Hyannis, Massachusetts. I am writing as a follow-up to our telephone conversation concerning 64 Harbor Road, Hyannis, Massachusetts ("the property") several weeks ago. `- First, as you are aware, my clients are concerned about the dumpster on the property. During our conversation,you informed me that although the placement of a dumpster in a residential area is not within your enforcement authority,that you would notify the Health Department and someone would contact me. To date, I have never been contacted by anyone from your department or the Health Department concerning this matter. To summarize my client's complaints about the dumpster, I provide you with the following issues: 1. A permanent concrete pad upon which the dumpster is placed has been installed within.approximately seven feet.from the border of my client's property. 2. The dumpster placement is within seven feet of the property line shared with my clients 3. The dumpster is not screened from my client's and-the rest of the neighbors' view. 4. Finally, and the main reason why my-client objects to it and seeks removal of the dumpster, is that the-owner of the.property who maintains the dumpster -consistently allows the dumpster to overflow and does not sufficiently monitor the f� dumpster's proper usage. My client fears this is a health and safety issue as it attracts insects, seagulls, vermin and other wild animals. In review of the Town of Barnstable Board of Health Code, I found nothing that allows the installation of a dumpster in-a strictly residential area. The only regulations. I found concern commercial usage of dumpsters under Chapter 353. What appears to-be a contributing factor to the over use of the dumpster is the Carey family connection to the surrounding properties which are "checkerboarded"to.allow the Carey_family to own three connected parcels without compliance with zoning regulations resulting in a compound of rental units that use the same dumpster. Attached hereto are the Assessors' records for parcels 64 Harbor Road, 306/172/001 owned by Dennis M. Carey, 5 Warren Avenue 306/172/003 owned by Dennis M. Carey, 15 Warren Avenue, 306/172/002 owned by Jeanne S. Carey, together with a portion of Assessor Map 306 showing all lots contiguous and the location of the dumpster. As to the issue concerning zoning, in my review of the jacket for the property I found a notice of violation of the zoning by-laws in the usage of the property as a multi- family-residence. Suddenly with no back up documents or explanations there appears a letter from the successor building inspector, Ralph Crossen, with approval of a multi- family usage. How was that permit obtained? I am curious as to how a 3-family permit was ever'issued. I have had several conversations with the abutters of the property, who have owned their property for over twenty years. They have advised me.that, prior to Mr. Carey's ownership in 1983, the property was used exclusively as a single-family residence for all the years of their ownership. Furthermore, they informed me that at or near the time of Ralph Crossen's letter that two new entrances were installed to allow access for the basement area where there are two of the three units that now comprise the property. No permits appear in the jacket. What is also troubling is that a day or two after my initial visit to your office,my client observed that Mr. Carey commenced major renovations of one of the basement entrances. Maybe it was a coincidence, in any case I saw no building permit in the file and the timing appears odd to me. Therefore as per our telephone conversation sometime in September,please advise specifically if and how a single family residence in a residential area suddenly . became zoned for a multi-family property after twenty years of continuous usage as a single family residence with absolutely no documentation contained in the jacket. Also,please forward this letter to the appropriate party in the Town of Barnstable to address the health and safety issues created by the installation of a dumpster in a residential area without apparent town approval or permit. 2 After your review, kindly contact me to discuss this matter or send me a written response to this letter. Thank you.in advance for your attention and consideration of my clients' concerns. Very truly yours, XDow cc: Elizabeth F. Doty Deborah Wear 3 LETTER OF TR(9N3MTT(9L KAEGAEL i Ia Dated Project No. ' Attention. Re: 6 Tel: (508)675-9600 Fax: (508) 675-9601 Ya LA-Q TO: CWn ,-S&I Tan - ��h�s(�1'A moo WE ARE SENDING YOU Attached ❑Under separate cover via the following items: ❑ Draft Report XFinal Report ❑Plans ❑Contract/Proposal ❑Invoice ❑ Copy of Letter ❑Laboratory Data ❑Other COPIES DATE NO. DESCRIPTION IV _1 THESE ARE TRANSMITTED as checked below: E ❑For approval ❑ Sign and return original ❑For review and comment For you information ❑Approved as noted ❑ ❑ As requested ❑ For Payment ❑DOCUMENTS RETURNED AFTER LOAN TO US Remarks: - I41te q COPY TO SIGNED: L CL P.O. Box 9585 is Fall River, MA 02720 If enclosures are not as noted,kindly notify us at once. I A. AEGAEL Phone; K (508) 675-9600 Fax: (508) 675-9601 ENVIRONMENTAL INC. January 14,2005 Bureau of Waste Site Cleanup Massachusetts Department of Environmental Protection Southeast Regional Offices 20 Riverside Drive Lakeville,MA 02347 Attn:Mr. Gerard Martin, Chief RE: Release Tracking Number;4-0732 64 Harbor Road,Hyannis ACOP,SE-03-3P-003 Dear Mr. Martin: Please be advised that I have been engaged as the Successor LSP of Record for the above referenced such engagement I have performed a Site ins Site. �Part of reviewed historic Site documentation and reviewed the the Property,interviewed key Site management personnel,briefly conducted b recent remedial actions undertaken and environmental assessment CMR4y Kae4.03 Environmental,Ins.'s Project Managers for this Site. In accordance with the provisions of 309 herein. 2(4)and 4.03(3),this preliminary,work serves as the basis and rationale for the limited LSP opinions lie.ein. p ns rendered In review of the available information as stated above, it is evident that residually impacted soils remain buildingfoundation below and groundwater im ow the P�appears to be attenuating via natural processes at the subject Site. As I have only just recently been provided with the historic information and regulatory difficulties associated with the former LSP of Record for this Site, my Peary focus at this point in time has been to attempt to maintain regulatory compliance with respect to ACO established timelines and deliverables. As a result of the limited amount of time to review the work completed to date,I have opted at this point to maintain the course selected by the Previous L specifically includes the selection of Monitored Natural Attenuation as a Comprehensive Remedial Action. Although which F it is clear that standard protocols established by the DEP and EPA policies for establishing the validityof ch have not been strictly adhered to, it is my hope to discuss these shortcomings with you and implement approach modifications to the proposed samplingP nt any suggested and monitoring plan prior to the next scheduled sampling event in March 2005. 0 i One West Street P.O. Box 9585 Fall River, MA 02720 { However, I think it is important to note that indoor air sampling conducted in the basement level of Property building in January 2004 exhibited no detectable concentrations of the con the residential although the Site is located over a DEP desi of concern. In addition,gnated Sole Source aquifer,recent anal and Total Dissolved Solids (1,250 analytical testing for Chloride(606 ppm) PPm)in Site ground water demonstrates that the exempt from GW-1 classification per 310 CMR 40.0932 5 �°�dv'�r is considered to be ( )(b)2. Furthermore,all residential buildings proximal and downgradient to the subject Property are reportedly osure pathway connected to the municipal water supply. These combined factors demonstrate that no current a � P Y receptors living directly above the former source area or in the immediate vicinity of the release Site have been identified to date. As such,it is my Opinion approach will not result in any significant risk of nion that th harm to surrounding residents or theenvironment.e prescribed MNA In summary, it is expected that quarterly monitoring will continue.as described in the modifications are suggested)with sampling rounds expected to be continue, completed in attached report (unless a six month status report w�be prepared and submitted on or before June 15, 2005. All June 2005.or Accordingly, under my direct supervision in afixture work will proceed manner consistent with 309 CMR 4.02(2),the MCP Response Action Performance Standards (RAPS),pursuant to 310 CMR 40.0191 and the Quality Environmental, Inc.. The facts and statements herein, are to the best of mn knowledge,uality Control policies of a representation of the Site activities and environmental conditions associated with the project as of etrue and accurate date ofthis filing. BY way of copy of this correspondence,the public notice requirements of the MCP are being addressed. this correspondence provides notification of the public availability ofthis report at DEP/Southeast Regional Specifically, request and the intent to perform Monitored Natural Attenuation at the subject Property sai ce upon If there are any questions,please contact me at Kaegael Environmental at your convenience.described in said report. Sincerely, For KAEGAEL ENVIRONMENTAL, Inc. �. Kevin J. Beaulieu, LSP Project Manager cc: Town of Barnstable,Municipal Office, 367 Main Street Hyannis, Town of Hyannis,Board of Heal 367 Main Strce Hy i , MA 02601 �' Hyannis,MA 02601 Mr.Dennis Carey,Harvard Realty Associates, 17 High School Road, Evan Pilavis,Esq., 17 High School Road,H g d,Hyannis,MA 02601 Yes,MA 02601 � f i M I � i f f KAEGAEL FALL RIVER: (508) 675-9600 FAx: (508) 675-9601 ENVIRONMENTAL INC. February 26,2004 Department of Environmental Protection Southeast Regional Office Bureau of Waste Site Cleanup 20 Riverside Drive Lakeville,MA 02347 Attn: Mr. Gerard Martin Ms.Molly Cote Re: Private Residence,64 Harbor Road,Hyannis,MA DEP RTN:4-0732,Phase II Completion/Immediate Response Action(IRA)Completion Dear Mr.Martin/Ms.Cote: Under cover of this letter,please find the Phase II Completion report as specified in Section V item#40 of ACO-SE-03- 3P-003. The report has been completed for the Site known as RTN 4-0732 and located at 64 Harbor Road,Hyannis, MA. This report has been prepared in accordance with the applicable provisions of the MCP,310 CMR 40.0830 et.al. Subsequent t o the c ompletion o f the r equired a dditional a ssessment a ctivities,i t i s K aegael E nvironmental I nc's. professional opinion that present site conditions do not present an imminent hazard nor a condition of substantial release migration and that no additional comprehensive response actions are necessary at the Site to eventually achieve a response action outcome. The next scheduled ACO/MCP deliverable is the submittal of a Phase III report by March 31,2004.However,based on the data developed to date,this report is also a Phase III and Phase IV submittal. Kaegael Environmental,Inc.intends to effect two(2)additional rounds of groundwater sampling(March and June)and further evaluation of site soil towards achieving a yet to be determined class of RAO.This RAO will be submitted by the ACO deadline of September 30,2004. By way of copy of this correspondence,the public notice requirements of the MCP are being addressed. Specifically, this correspondence provides notification of the public availability of the Immediate Response Action Plan at the DEP's Southeast Regional Office upon request. This is consistent with the requirements contained in 310 CMR 40.1403(3)(e). If there are any questions,please contact Kaegael Environmental,Inc. at your convenience. Sincerely, For Kaegael Environmental,Inc. On Behalf of Mr.Dennis Carey Brian Clarke,Project Manager cc: Town of Barnstable,Municipal Office,367 Main Street,Hyannis,MA 02601 (letter only) Town of Hyannis,Board of Health,367 Main Street,Hyannis,MA 02601(letter only) Mr.Dennis Carey,Harvard Realty Associates, 17 High School Road,Hyannis,MA 02601 Evan Pilavis,Esq., 17 High School Road,Hyannis,MA 02601 ONE WEsT STREET ® P.O.Box 9585 ® FALL RIVER,MA 02720 •4 w L�TT�I� O� ,. .. TRANSMITTAL fA' a1 g�'�Vg'p � }_. .a Date: July 27,2005 Project No. Al � a NVI .ON : NTA ...., Attention: Board of Health INC. Re: Tel: (508)675-9600 Fax: (508) 675-9601 64 Harbor Road,Hyannis -T-N-4-67--n TO: Town of Hyannis 367 Main Street Hyannis,MA 02601 WE ARE SENDING YOU X Attached ❑Under separate cover via the following items: ❑ Draft Report X Final Report ❑Plans ❑Contract/Proposal ❑Invoice ❑ Copy of Letter ❑Laboratory Data ❑Other COPIES DATE NO. DESCRIPTION 1 07-27-05 Phase V-Groundwater Monitoring Report-Cover Letter Only THESE ARE TRANSMITTED as checked below: `- r— ❑For approval ❑ Sign and return original ❑For review and comment For Ypu info tion ❑Approved as noted ❑ co aAs requested ❑ For Payment DOCUMENT$2RETURNED AFTER LOAN TO US i > Remark� i COPY TO SIGNED &� 6 . (Inj i i P.O. Box 9585 is Fall River MA 02720 If enclosures are not as noted,kindly notify us at once. Phone: (508) 675-9600 ,; r K • Fax: (508) 675-9601 : . / a__.v_r r. yf 4 RJ July 27, 2005 BWSC- ite Ma nagement ana ement � g Massachusetts Department of Environmental Protection = - 20 Riverside Drive " u Lakeville,MA 02347 A Attn: Ms. Molly Cote v Re: Phase V- Groundwater Monitoring Report Release Tracking Number(RTN): 4-0732 64 Harbor Road, Hyannis, MA Dear Molly: This Phase V Remedy Operation Status Report is being submitted to ensure continued compliance with the provisions of the Massachusetts Contingency Plan 310 CMR 40.0000 (MCP) and the Administrative Consent Order ACOP-SE-03-3P-003 (and attached amendments) issued and authorized by the Massachusetts Department of Environmental Protection(DEP). The DEP was first notified of the home heating oil release at the subject Site on December 14, 1988. On February 23, 1989,the DEP issued a Notice of Responsibility that required future actions to address the release located at the multi-family residence addressed as 64 Harbor Road in Hyannis,Massachusetts(the Property). Several response actions were subsequently completed at the subject Property including the January 2001 submittal of a Response Action Outcome(RAO)Statement which was audited and eventually denied by the DEP in January 2003. As part of the denial, a Request for Immediate Response Action was issued to the PRP. In September 2003, the above referenced A_CO detailing a time line for the submittal of required documents was agreed to by both parties. Accordingly,in February 2004,an Immediate Response Action Completion(IRAC),a Phase II Comprehensive Site Assessment, a Phase III Remedial Action Plan(RAP) and Phase IV Remedy Implementation Plan (RIP)were filed with the DEP. In January 2005 a Final IV Final Inspection and Remedy Operation Status Report was filed with the DEP to document the recommended Monitored Natural Attenuation remedy. The report concluded that a Response Action Outcome has not yet been achieved, and monitoring of groundwater at the site under Phase V - Remedy Operation Status was necessary to achieve a compliant Response Action Outcome. In accordance with 310 CMR 40.0891(3), all Phase V monitoring activities shall follow the OMM plan developed as part of the RIP in Phase IV under 310 CMR 40.0874(3)(d). Furthermore it is stated that at a minimum,information and data on monitoring conducted pursuant to the conduct of Phase V Monitoring shall be gathered and submitted to the Department every six months in a report F as described in 310 CMR 40.0892. The inclusion of the attached Comprehensive Response Action Submittal Form (BWSC - 108 Attachment #1) and the expected continuance of the previously One West Street Ot P.O. Box 9585 0 Fall River, MA 02720 rill ;1, Phase V Groundwater Monitoring Report Release Tracking Number 4-0732 64 Harbor Road,Hyannis,MA Page 2 proposed post-remediation monitoring program effectively maintains the Phase V Monitoring Status for the subject Site. Accordingly,both this report and the attached BWSC submittal form have been reviewed, stamped and signed by the successor LSP,Kevin J.Beaulieu of Kaegael Environmental, Inc.,who is certified as such by the Massachusetts Board of Registration of Hazardous Waste Site Cleanup Professionals as mandated by M.G.L. Chapter 21E. A detailed and extensive description of the history,the release,the Site and all assessment to date is contained in the multiple documents previously submitted to and presently on file with DEP. In accordance with the general provisions described at 310 CMR 40.0891, an Inspection and Monitoring report containing all relative monitoring results will be provided to the DEP every six months. Due to the fact that the Final Inspection Report was filed in January 2005, status reports are expected to be completed and submitted in every subsequent July and January as deemed necessary. As such the expected delivery of the next report is expected to be completed in January 2006. Phase V Monitoring Implementation As part of the above referenced Phase IV Final Inspection Report,a Monitored natural Attenuation operational monitoring program (OMM) was recommended. In review, it was proposed that groundwater samples would be collected from nearby wells and analyzed for EPH Fractions plus four(4)target PAHs 2-methylnapthalene,acenapthene,naphthalene and phenanthrene,as previously defined and documented in DEP's files. On June 29, 2005,Kaegael Environmental, Inc., sampled all accessible wells to continue ongoing monitoring of the Site. Samples were collected after"pump purging" the well of at least five well volumes and allowing same to equilibrate to static depth. Samples were then placed into laboratory prepared (cleaned and preserved) containers and immediately stored in iced coolers/refrigerators and transported for chemical analysis. Samples were submitted to ESS Laboratories of Cranston, Rhode Island and were analyzed as indicated above. Results of groundwater analytical analyses are discussed in subsequent sections of this report. Phase V Performance Monitoring Summary One (1) round of groundwater sampling and laboratory analyses has been conducted since the January 2005 Final Inspection Report was submitted. The following table presents a summary of groundwater analytical data from September 2003 through the latest sampling evolution. The pertinent laboratory Certificates are provided as an attachment to the letter. Phase V Groundwater Monitoring Report Release Tracking Number 4-0732 64 Harbor Road,Hyannis,MA Page 3 �- ID Date c� " racuuGl�elleum��� �ExlraFtablePetrol um'lYyc�oa bones ''` KARS C Y/ 5° L'J) M .�•e �3' 1 L �" J' i �' U� 6�S�Y IRS s - 'o <r s ayy' 9-17-03 ND ND ND ND 1963 1190 ND NO ND A 2 10-27-04 ND ND 240 ND ND ND 12-23-04 � ND ND ND ND ND �ND �ND 6-29-05 ND ND ND ND ND 9-17-03 ND 350 ND 84,100 36,300 56,1.00. 5.4 ND ND 75 12-16-03 ND 329 ND 460 304 866 ND ND ND ND MW-1 10-27-04 600 ND 570 5 ND ND ND 12-23-04 ND ND 480 ND ND ND ND . 6-29-05 ND ND ND ND 9-17-03 38100 19,000 36,460 ND ND ND ND 12-16-03 ND. 356 143 1460 927 2560 ND ND ND ND MW-3 10-27-04 610 ND 700 ND: ND ND ND ND ND 420 ND ND 12-23-04 ND 6-29-05 ND ND ND ND ND ND ND 9-17-03 720: 823 890 ND ND ND ND B103 10-27-04 ND ND 260 ND ND ND ND 12-23-04 ND ND 230 ND N ND ND ND ND 6-29-05 D ND ND ND ND 9-17-03 297 1050 683 ND ND ND ND B104 10-27-04 ND ND 290 ND ND ND ND ND ND 200 ND 12-23-04 � ND .6-29-05 ND ND: 430. ND ND ND ND i 9-17-03 1080 1240 803:. ND. ND, ND: ND j 10-27-04 21,000 7800 13,000 5 ND RW-2 ND 10 12-23-04 ND ND° ND ND ND ND ND 629-05 ND ND ND ND .�� �' ND �� a ND GWI 400 4000 200 4000 5000 200 10 20 20 300 GW2 1000 1000. 5000 1000 NA 50000 10,000 NA 6000 NA GW3 4000 20,000 4000 20000 20000 30000 3000 5000 6000 50000 z� ,:oaf .� �yx s� ✓ "5�'`��y:.��.����Yk��``' x..� � �.��w ' �h'� � � � �"�,t.�"' � RzazF� �`"�T :,'��'t �. �;w ,x., $,_, NOTES�;�AII Resu,ts'&�Standards�reported 1n Parts perr�B�1�ibn �pb,°ND "knot detecfed�NA NoA� li ]e Standard�;X=pazarneter note�,' Phase V Groundwater Monitoring Report Release Tracking Number 4-0732 64 Harbor Road,Hyannis,MA Page 4 As can be seen above, major aberration occurred during the October 2004 sampling at location RW-2 which consisted of a dramatic increase in EPH carbon range concentration with virtually no deviation in the historically very low PAH concentrations. RW-2 is a four (4) inch diameter recovery well which never was utilized as such,but did historically present measurable LNAPL thickness(0.11'- 6/12/96; 0.08' - 10/7/96). Field observations associated with these anomalous analytical results evidenced Yt lts a prono unced unced presence of what appeared to be a tannin and lignin sheen and leaf debris on the standing(assumed to be surface runoff)water in the roadbox but no evidence of free LNAPL in the well. Subsequent sampling of RW-2 (December 2004 and June 2005)have revealed non-detect EPH concentrations and no visual observations of tannin and lignin sheens witnessed during October 2004 sampling event. The next sampling event is scheduled to occur during the same month in 2005 to account for the potential seasonal influence on groundwater quality at RW-2. Evaluation of MNA Effectiveness In accordance with 310 CMR 40.0891(3), all Phase V monitoring activities shall follow the OMM plan developed as part of the RIP in Phase IV under 310 CMR 40.0874(3)(d). Furthermore it is stated that the OMM plan shall be revised and updated as warranted in response to changes in site conditions, modifications to remedial systems, or as otherwise necessary to ensure that the Comprehensive Remedial Action achieves design standards and remedial goals. Since completion of the RIP (specifically since Oct. 2004), overall Site groundwater quality demonstrates improvement and stability. In review of historic Site activities and sampling and analysis results, it should be noted that two wells MW-1 and MW-3 were rehabilitated (under approval of DEP/SERO) prior to the December 2003 sampling round summarized above. This activity primarily consisted of the physical scrubbing and surging of the screened interval with the use of a degreasing/oxidizing solution to remove residually adsorbed, surfactant LNAPL residues from within the screen slots and filter pack above the normal high water table level. It is suspected that a abnormally high water table had touched this portion of the well screens and surrounding filter packs prior to the September 2003 sampling event,resulting in elevated contaminant concentrations in wells MW-1 and MW-3. Subsequent sampling events since this rehabilitation have documented decreasing concentration trends and would tend to support this theory. Monitoring Plan Modirications It is the intention of Kaegael Environmental, Inc., to continue with the Phase V/Remedy Operation Status Monitoring activities for one more quarterly sampling event (October 2005) or until groundwater concentrations continue to consistently remain below Method 1 GW-2 (or Method 2 GW-2)standards. Kaegael Environmental,Inc.proposes a slight modification in the sampling plan by reducing the sampling frequency from a quarterly to a bi-annual(Fall/Spring) sampling program until cleanup objectives have been achieved. In addition to the reduced sampling frequency,Kaegael Environmental, Inc., will also reduce the number of monitoring points required to be sampled per sampling event. In review of the above summary, it is the opinion of Kaegael Environmental, Inc., that monitoring at RW-2,MW-3 and B 104 will provide ample assessment of MNA effectiveness and i site related risks while minimizing associated sampling and analytical costs per event. Samples collected from the monitoring well network will continue to be analyzed for extractable petroleum hydrocarbons(EPH)and the four(4)target PAHs 2-methylnapthalene,acenapthene,naphthalene and phenanthrene. The samples will be submitted to a State certified laboratory and the exact duration of the sampling program will continue to be evaluated on an ongoing basis to provide regulatory compliance. Phqse V Groundwater Monitoring Report Release Tracking Number 4-0732 64 Harbor Road,Hyannis,MA Page 5 The rational for this modification is clear in that due to the fact that contaminant concentrations in site groundwater exhibited a spike during the Fall 2004 sampling event it is deemed necessary to re- evaluate conditions during the sa me season of this year prior to attempting to clos e the site. If the October 2005 sampling event is consistent with the 2004 findings,bi-annual monitoring will continue as described above for a minium of one year with sampling events to be conducted in the following Spring and Fall seasons of 2006. In addition,six month status reports will be prepared in January and July of 2006 to satisfy regulatory reporting requirements. In this scenario,it is obvious that reducing the sampling frequency and monitoring points will reduce the cost associated with maintaining regulatory compliance for the subject Site. In the event that the Fall 2005 sampling event continues to show a decreasing trend in contaminant concentrations to levels below applicable clean up standards, Kaegael Environmental, Inc., will discontinue sampling and monitoring activities and prepare a Class A3 Response Action Outcome Statement in lieu of one of the scheduled Remedy Operation Status Reports described above depending on the time required to implement and record an expected AUL for impacted soils located beneath the building footprint. It is the opinion of Kaegael Environmental, Inc., that this assessment of site conditions has been conducted in conformance with MCP Response Action Performance Standards outlined in 310 CMR 40.0190. This level of diligence provides a degree of professional supervision commensurate with the intentions of the Massachusetts Contingency Plan,310 CMR 40.0000. Subject to the limitations incorporated herein by reference, all the available information, research, and observations as described to date and contained in this report are, to the best of Kaegael Environmental, Inc.'s knowledge, true, accurate and complete. By way of copy of this correspondence, the MCP Public Notice Requirements have been met and provide notification of the public availability of this report. If there are any questions, please contact Kaegael Environmental at your convenience. FOR , . Kaegael Environmental In g On Behalf of Mr. Dennis Carey Prepared by: 5 Brian Clarke,Project Manager Date Reviweoind approved by: Kev n J.Beaulieu, as L.S.P. Date Copies: wn of Barnstable,Municipal Office,367 Main Street,Hyannis,MA 02601 (letter only) own of Hyannis,Board of Health,367 Main Street,Hyannis,MA 02601(letter only) Mr.Dennis Carey,Harvard Realty Associates, 17 High School Road,Hyannis,MA 02601 Evan Pilavis,Esq., 17 High School Road,Hyannis,MA 02601 I Attachments e` Phone: (508) 675-9600 KAEGAE L Fax: (508) 675-9601 ENVIRONMENTAL JINC. February 23, 2005 Bureau of Waste Site Cleanup Massachusetts Department of Environmental Protection Southeast Regional Offices 20 Riverside Drive Lakeville,MA 02347 Attn:Ms. Molly.Cote RE: Release Tracking Number:4-0732 64 Harbor Road,Hyannis ACOP-SE-03-3P 003 Dear Ms. Cote, As noted in our January 14, 2005 submital of the Phase IV Completion/Remedy Operation Status Report, I have recently been engaged as the Successor LSP-of-Record for the above referenced Site. This letter has been prepared to formally address your recent reminder regarding the status of the Activity Use and Limitation (AUL)Termination requested by the DEP as part of the Post Audit scope of work. In accordance with, regulations governing AUL Terminations and associated Public Notice requirements (310 CMR 40.1083(d)and 310 CMR 40.1403(7)), I have included the attached AUL Transmittal Form(BWSC 113)to formalize this termination within the required thirty(30) days of the recording of the AUL Termination notice. In addition, please find the attached copy of a legal notice published in the Cape Cod Times on February 17, 2005. A certified copy of the marginally referenced AUL Termination is also attached as required by said regulations. As per our recent conversations, the Bristol County Registry of Deeds refused to marginally reference the subject Property deed or the terminated AUL document. According to the Registrar,the AUL termination notice will be referenced in any title search conducted for the Property Owner through their computer system. Although this does not strictly adhere to the requirements set forth on the MCP with respect to marginal references,it was agreed that if this explanation was provided in this letter,the filing and the protocol associated with it would be accepted as complete by DEP. Finally,this letter has been copied to the required local officials so as to satisfy the requirements set forth at 310 CMR 40.1403(7)(a). Accordingly, it is our opinion that all public notice requirements associated with the Termination of One West Street * P.O. Box 9585 Fall River, MA 02720 T AUL Termination Notification February 23,2005 Page 2 the AUL at the subject Property have been satisfied. If there are any questions or additional regulatory requirements with respect to this scenario please contact me at Kaegael Environmental at your earliest convenience. Sincerely, For KAEGAEL ENVIRONMENTAL,Inc. Kevin J. Beau 'F,LSP Operations Manager ATTACHMENTS Attachment#1: BWSC 113 Attachment#2: Certified AUL Termination Notice Attachment#3: Newspaper Legal Ad cc: Town of Barnstable,Municipal Office,367 Main Street,Hyannis,MA 02601 Awn of Hyannis,Board of Health,367 Main Street,Hyannis,MA 02601 Town of Hyannis,Zoning Official/Building Department,367 Main Street,Hyannis,MA 02601 Mr.Dennis Carey,Harvard Realty Associates, 17 High School Road,Hyannis,MA 02601 Attachment #1: BWSC 113 i i ' Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY&USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: 2. Street Address: 64 Harbor Road 3. Cityrrown: Hyannis 4. ZIP Code: 02601-0000 ® 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site. 0 a. Tier 1 A F1 b. Tier 1 B c. Tier 1 C d. Tier 2 6.If a Tier I Permit has been issued,provide Permit Number: B. THIS FORM IS BEING USED TO: (check one) ❑ 1. Submit a certified copy of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. Ei2. Submit an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement has been filed pursuantto 310 CMR 40.1080. 3. Submit a certified copy of an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081 4. Submit a certified copy of a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3). Q 5. Submit a certified copy of a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). 6. Submit a certified copy of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. 7. Submit a certified copy of an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). 8. Submit a certified copy of a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). 9. Submit a certified copy of a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). 10. Submit a certified copy of a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). 11. Provide Additional RTNs: a. Check here if this AUL Submittal covers additional Release Tracking Numbers(RTNs). b. Provide the additional Release Tracking Number(s) ❑ _ _ covered by this AUL Submittal. i I. (All sections of this transmittal form must be filled out unless otherwise noted above. BWSC113A Is required for all submittals listed above) Revised:06/27/2003 Page 1 of 4 i i E Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) C. AUL INFORMATION: 1. Document(per Section B)Recording and/or Registration Information: a. Name of Registry of Deeds and/or Land Registration Office: Barnstable County Registry Of Deeds b. Book and Page Number and/or.Document Number: BOOK 13323 Page 320 c. Date of recording and/or registration: 10/27/2000 mm/dd/yyyy 2. Is the address of the property subject to AUL different from the disposal site address listed above? a. No ❑ b. Yes If yes,then fill out address section below. 3. Street Address: 4. City/Town: 5. ZIP Code: D. PERSON SUBMITTING AUL TRANSMITTAL FORM: c. change in the person 1. Check all that apply: ❑ a.change in contact name ❑ b.change of address ❑ undertaking response actions 2. Name of Organization: 3. Contact First Name: Mr. Dennis 4.Last Name: Carey 5. Street 17 High School Road 6.Title: owner 7. cityrrown: Hyannis 8. crate: MA 9. ZIP Code: 02601-0000 10. Telephone: (508) 771-1778 11.Ext: 12. FAX 13. Is the person described in this section the owner of the property? I W1 a. Yes ❑ b. No,if checked then Section G must be filled out by at least one owner. ❑ c. Check here if providing names and addresses of any additional owners in an attachment. E. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) ® 1. RP or PRP a. Owner ❑ b. Operator ❑ c. Generator ❑ d. Transporter i ❑ e. Other RP or PRP Specify: c ❑ 2. Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2) G t ❑ 3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,s.50)) E ❑ 4. Any Other Person Submitting AUL Specify: Revised:06/27/2003 Page 2 of 4 i i Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) F.REQUIRED ATTACHMENT AND SUBMITTALS: wi 1. Check here to certify that notice of the proposed Activity and Use Limitation(AUL) was given to all record-interest holders, if any,in accordance with 310 CMR 40.1074(1)(e),via certified mail. ® a. Check here if there were no record interest holders. b. Date of certified mailing: mm/dd/yyyy El c. Check here to certify that names and addresses of all record holders notified is attached. 2. Check here to certify that within 30 days of recording and/or registering the AUL,including amending, releasing or © terminating the AUL,a copy of the AUL was/will be provided to the Chief Municipal Officer,the Board of Health,the Zoning Official,and the Building Code Enforcement Official in the community(ies)where the the property subject to such Activity and Use Limitation is located. 3. Check here to certify that within 30 days of recording and/or registering the AUL,including amending,releasing or terminating the AUL,a Legal Notice was/will be published in a newspaper with circulation in the community(ies)where the property subject to the AUL is located. 4. Check here to certify that within 7 days of publishing a Legal Notice in a newspaper with circulation in the oommunity(ies) where the property subject to the AUL is located,a copy of the notice was/will be submitted to DEP. 5. Check here to certify that within 30 days of recording and/or registering the AUL,including amending, releasing or terminating the AUL,a certified copy of the AUL,including the LSP Opininon containing the material facts,data,and other information, will be submitted to DEP. ❑ 6. Check here if any non-updatable information provided on this form is incorrect,e.g.Site Address/Location Aid. Send corrections to the DEP Regional Office. 7. If an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement is being submitted,check here to certify that the LSP Opinion containing the material facts,data,and other information is attached. G. CERTIFICATION OF OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: 1.I, attest under the pains and penalties of perjury that I am the owner of said property(ies), subjectto the AUL 2. 3. Date: Signature mm/dd/yyyy 4. Name of Organization: 5. Contact First Name: 6. Last Name: 7. Street 8.Title: 9. City/Town: 10. Stater 11. ZIP Code: 12. Telephone: 13.Ext: 14. FAX Revised:06/27/2003 Page 3 of 4 i i Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY&USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) H. CERTIFICATION OF PERSON MAIQNG SUBMITTAL: 1.1, Dennis Carey ,attest under the pains and penalties of perjury(i)that I have personally examined and am familiar with the information contained in this submittal,including any and all documents accompanying this transmittal form,(ii)that,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true,accurate and complete,and(iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. Itthe person or entity on whose behalf this submittal is made amfis aware that there are significant penalties,including,but not limited to,possible fines and imprisonment,for willfully submitting false,inaccurate,or incomplete information. Pursuant to 310 CMR 40.1074(1)(f), I also hereb under penalties of perjury, that either I(if person submitting the AUL Transmittal Form is the property owner), or 2. Name of Property Ow er amfis identified on the Notice of AUL as the foer of the property subject to the AUL,owned such property on the date that the AUL was recorded and/or registered 3. By: 4. Title: OWner Signature 5. For. 6. Date: (Name of person or entity recorded in Section D) mm/dd/yyyy 7. Check here if the address of the person providing certification is different from address recorded in Section D. 8. Street 9. Cityfrown: 10. State: 11. ZIP Code: 12. Telephone: 13.Ext: 14. FAX YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp(DEP USE ONLY:) f I s Revised:06/27/2003 Page 4 of 4 Attachment #2: Certified AUL Termination Notice COMMONWEALTH OF MASSACHUSETTS BARNSTABLE COUNTY REGISTRY OF DEEDS P.O.BOX 368 BARNSTABLE,MASSACHUSETTS 02630 TELEPHONE (508) 362-7733 ext. 102, 103 JOHN F. MEADE Register SPECIAL CERTIFICATION THE COMMONWEALTH OF MASSACHUSETTS, COUNTY OF BARNSTABLE I, the undersigned Register of Deeds for Barnstable County, Barnstable, Massachusetts, do hereby certify the within and foregoing to be a true and correct copy of the original as it appears on record and file in the office of the Register of Deeds of Barnstable County, Massachusetts, in Book 19516 Page 249-250 recorded February 9,2005. Witness my hand and the seal of the Register of Deeds at Barnstable, Massachusetts,this 10t' day of February, 2005. John F. Meade Register of Deeds Barnstable County i t' Bk 19516 Ps249 -08761 02-09-2005 a 12= 54P TERMINATION OF NOTICE OFACTI PYTY AND USE LIMITATION Disposal Site Name: Residential Property: 64 Harbor Road,Hyannis,Massachusetts DEP Release Tracking Number: 4-0732 WHEREAS,a Notice of Activity and Use Limitation has been recorded with the Barnstable County Registry of Deeds in Book 13323 Page 320 and registered with the Land Registration Office of the Barnstable County Registry District as Document Number. Said Notice of Activity and Use Limitation and any amendments thereto are collectively referred to as"Notice". j WHEREAS,said Notice sets forth limitations on use and activities,conditions and obligations affecting certain land situated in Hyannis,Barnstable County,Massachusetts,said land being more particularly bounded and described in Exhibit A attached hereto and made part hereof. WHEREAS,said limitations are consistent with the terms of an Activity and Use Limitation opinion date 10-27-00,signed and sealed by Theodore J.Kaegael holder of a valid license issued by the Board of Registration of Waste Site Cleanup Professionals pursuant to M.G.L c21A,19 through 19J(the holder being referred to as"LSP")attached to said Notice of Activity and Use Limitation as Exhibit C and made part thereof,in order to maintain at the Property a condition of No Significant Risk. Said conditions and terms being defined in 310 CMR 40.000 and WHEREAS,said Notice is being terminated because additional response actions are necessary to support the conclusion that a condition of No Significant Risk has been achieved at the property. I NOW, THEREFORE,I Dennis M.Care of Hyannis,Massachusetts Barnstable Count Y Y Y+ Massachusetts being the owner of said Property do hereby termin ate said Notice. Dennis M.Car authorizes and consents to the filing and recordination and/or e1' g registration of the ; Termination of Notice of Activityand Use Limitation said Termination to become effective when n recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. WITNESS THE EXECUTION HEREOF UNDER SALE.THIS DAY OF i 4 2005. I Dennis M.Carey { t i COMMONWEALTH OF MASSACHUSETTS STATE OF MASSACHUSETTS SS �t��ti q , 2005 Then personally appeared the above named d ermi and acknowledged the e � foregoing to be his free act and deed before me. i Notary Public I Upon recording return to: A •u'S &gey � S� 1 n KENNETH Rt1SSELL W E J L�Q Notary Public i Commonwealth of Massachusetts oaGa/ MY Commlesion Expires March 31 2oil � t Bk 19516 Pg 250 #8761 EXHIBIT-A (Description of Parcel of Land/Area Subject to AUL) A.certain parcel of land situated in Hyannis, Barnstable County, Massachusetts, owned by Dennis M.Carey, P.O.Box 1,Hyannisport,Massachusetts, shown as Lot 3 on a plan entitled,"Plot Plan of Land with Location of Activity and Use Limitation for 64 Harbor Road,Hyannis,MA",dated May 21, 1999,Scale 1"=40',prepared by Carmen E.Shay,Environmental Services,Inc.,34 Thatcher's Lane,East Falmouth, Massachusetts,and recorded with Barnstable County Registry of Deeds in Plan Book Plan 9L,and being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Harbor Road, approximately on hundred and thirty-four and 14/100 (134.14)feet south of Warren Avenue,at the southwest corner of land now or formerly of Dennis M. Carey;and thence running S 790 29'00"W by land now or formerly of Dennis M. Carey one hundred sixty and 00/100(160.00)feet;thence turning and running S 130 16'20"W by land now or formerly of Sebastion Volpe one hundred twenty and 9/100 (120.09) feet; thence turning and running S 790 2F 50" W by land now or formerly of Sebastion Volpe one hundred eleven and 56/100 (111.56) feet; thence turning and running N 10°31'00"W along the easterly sideline of Harbor Road, one hundred ten and 12/100(110.12)feet to the point of beginning,containing 14,932 square feet of land,more or less,according to said plan. I BARNSTABLE REGISTRY OF DEEDS i Attachment #3: Newspaper Legal Ad _S CAPECODONLINE.COM (508) 775-6201 THURSDAY,FEBRUARY 17,2005 Legal Nolices 125 1e1111 Notices 125 legal Notices 125 legal Netices 125 Legal Notices 125 Losl&Foend 220 Check Yoe�f� Commonwaaflb C4mmonwoetih Commonwealth norm OF FILING LEGAL NOTICE FOUND: Smokey colored fa- of Massadmsetts of f assastrusetb of Massachusetts Oeelum al Ow'Ced lbcense Termination or Notice of fondle Cat in Ths Strawberry ���1e�9� The Trial Court The Trial Court The Trial Cruet Company, LLC, Bcensva d Activity and Use Limitation Hill Condo Cornpi c In Can- 1,9031e and family Probate and Feenly Probate and.fam Broadcast Station �V FXG[FM1, Locatiew 64 Harbor Road, hervllla,Call SW -wa 44 Court 'aFerlrreaart Court Departmant Court DPpedmerft Hyannis,MA aperatlrp an 102.$9 Hyarmb,MA U28g1 BARNSTABLE DNWon BARNSTABLE Division SM11STABLE Division fist;gtree Rasta gal an Fabru• Retam Tracking No:44T32 1. What was President Warren G. Docket No.00P1245AT1 Dockel tie.4MI55EPI Oacket No.Ot OSSEPI any?,2086,fl Ided anapplialleo In acwrdwca with DEP LOST Harding's middle name? NOTICE OF In the 5 10 c4' In the Estate of seeldry the consent of the Feder- request a Termination of Motke Sm Whi00,Maltase 2. On the televlsioln show"Fla Da ADOAMSTRATOWS ACCOUNT. OCKALA J.MCRAE ELIZABETH U SWEE NEY ANA d Comrohnleaifans Connotation W toy and Use Limitation m pP}r }tsr To ail.ppersons irAerestad In-the. Lace of YART60UTK fPORTI.. . ...ELIIABETH HELEN SWEENEY to asslpo the license for the sra-, f .above propyerty yeas ragia- N8Bl�28,'CeNerldlle Foozle would say what as hel etd -eswg,-eI--PATRi0A MARGARET In the County of BARNSTABLE Late of SpdMICH. Van from ufdum of�Cod rdraa wtln use l wool.Aie Cowl Aa5w7�.to Salmon?.. tiTUmiT6 U ? SPRiSSLER AKA PATRICIA M. Data or Oeatir In the County of BARNSTABLE Lhanse Co LLC to Caps F IS of Deeds 6n February 01 REWAfiO'with NO p SPRMER talc at OENNIS, 3anuary 12,2006. Oat@ of Deaths Cod TtW. MarTr 0. Hobatd. 2005.The iyalice is hetlkp Oerml- OLIESTiONS ASKEDI II 3. Wtlo is considered responsible for Barnstable County. NOTICE Of PETi710N Oecember4,209t Trustee. noted bscamumldonal rep9me (774)238-cm moving the motion picture industry to You are hntrive+IBed pum- FOR PROBATE OF VALL NOTICE OF PETITION Oanlum of Cope Dad License aulom ar@ rtuoassary Uo sup�port ant to Alass.R.Civ.P. Rune 12 To all persons Interested In Me FOR PROBATE QF WILL Company, LLC, Is a wholly- the aortdusion chat a condition Hollywood,California? Mat ins FIRST(FINAL)account "t captioned osiate,apelition To all persons Interested In the aened wbsldtsry, ol antram at No Sgnifimni Risk Iran bean Merchufte A1000 305 4. What is the name of the small bowl of d JAMES H,QUIRK JR.as SPE-. has been presented p Ing that above Optioned estate,apetition Holding,lLCrwhlch.In lure,IS achWelt at The ropedy. CIAL ADMINISTRATOR 4iho 0dU- a dooumant prrrportinnJVJ To be the ins bean prase m ptayrn0 Ind who*'awned subsidiary of Any person Interest-ad in @b- �,,4 �+ water given to diners for rinsing'thelr ciuy) at said pstats has been fast will tit-said decedent be a dowment purporgrtg to be the Oanlum Communications Corps. taInIng additional information or R.C. Odred Coe Im tingers after a meal? preented to sold Cobrt for allow- proved and allanved, and Chat last will of sold decedent be ration. The otltcers and board rsvinvIng, the doeumeril may t°.S•I'ATE AUCTIONEERS b. Is It true or false that d ante. JILL S. i�ACRAE and MARTHA prr�,� and snowed, end that members at aanbott of Ape Cbd oontaet Know E;MrOnmeatab en never have It you do to to prase.'.your SCHMINK both of GLOUCESTER BANKiJORTH,pA of YARh10UTH Lkense Compaey� LI.C, and Inc.,P.O. Box 95M FOB Ilk-at, a APPRAISERS Utters Of mote than Seven? 20 hl tome an ohiec8on to solo in its Countntyy,of ESSEX and LES• ((SOUTH ter the Caumy of TlAHtl- Denture Holding,LLC.are Fra& �02720 at(600)675 9500. Fast Oennls�MA 02841 not, you or your athomey LIE MALONEY o1 STOUSFRON In STABLEtbe appdn'ed eaecutar, D.Osham and Michael F.Mw �7 50ri 3853t18 .8. Gamma IS the third letter Of what net Pilo a wrileait appearance in Une TAnurily of NORfUtX be a0 named 17 lice'frill to serve wiUr• gar. The oillcare, directors or N0.155 alphabet? said court at BarRet:bIs on or be- pointed executors,r}amed in gre out sarrf�-t1yy. voting sheahotders of 4wlum A@ ' 'onm 7, Whom did tvarthoe ma in the novel turn, this Tenth lorry of Adak- will M serve wTUtout sanely IF YOU DESIRE TO OBJECT CommuKCall Carperallbn are n7r 2005.the rehire day al ttin clta- IF YOU OESIRE Tlf1 OBJECT THERE70, YOU OR YOUR AT- Fraerk Osborn; A01m Mangan; $at1�VdICh Au don of ftt•name by Sir Walter Scott? 1hon.You nay upon wi ten ea- THERE70 YOU OR YOUR AT- TORNEY MUST FILE A WRITTEN Frank Craig Dort 8. 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I.111%Mary and Ann formed what singing any Bern of said aocwnL you In addition,you must ftla a wiNtm aNndaviit of ob)ectiona to Mark IL Hubbard Is ate sofa ANNOUNCEMENTS (508)8WI926 sisters group? mud.In additlan 10 IRM a writ- wi too aftidayA of oKeetians In the peliden►,shallop ssyyeatic rats trustee of The Cape Cod Trust. Ten appearance as atotes3l,tco gee peliUon,sb tkrg specific facts and grounds upon vrtnett the ob Copies d theapplkatron and Answers appear further fato this wltnin thrty dart�ss areas said ra• and geounds upon which the ob- jmftn to based Wnhfn Ihlnty related mateda8 inn wi�[C[fi►t) -Happy Thoughts 203 Wanled t0 Buy I�1 turn day or wlthln such other )ecalon is based, vAhin thirty (361 dsys after the return day{or asawiteble forpubhk Inspection riiassiited Secefon time as the Ccud upon mogul (90T days anor the rebum dary(or Mother gme as The court,an at 154 Bur ataTlla Road,Hyannis Fe 203 AN71lIUES: C011edibles, V6r- each m M[tam bogeltter with th wiltien e Marine with notice as t m the petl-- donor,my allow)In ac oeud,an action ltvhh notice he cordance andd 4:30 PAIL.Ma u�Ihro gh �9ious 208 iega Jswelfy praaltp�� Used REQROO� S� FunVturB, R+Ig% Adworl, Yard Sales 320 grounds for each ubiectlon there- donor,tray allow)In accordance with Pfabata Rule 16. friday. Ins4frciion 2T0 ebG.1 plsc8 or entire astatel 3 pteca All wood,honey,Dn- ro,a oopy to be served upon the with Probate Rule 1a. •VATtTM MOM ROBERT E. •4f16,W17,y/22,2rz4rt15 (�++* OSUNRISEe Ish,9 and&drawer bueeau,2- Rductary pursuant to Mass R. WITNESS, HON. ROBERT E. TERRY,ESQUIRF Firs1Jusllaaaf -ballerlainrnenl 212 *fJi�lvtJ 1111IV drawer end table,SM.Wsl Mr.P Rule 5, TERRY.ESQUIRE,First Justice of said Court at BARNSTABLE gtis NOTICE ESTATE SALES t WITNESS, IfON. ROBERT E. said Court at BARNSTABLE this day.Janm4y 31 2006_ The Massachusetts Slate Lot- Health Services 213 845 Rte.28(8och MIND) Household Liqquida0ans see detail.t�508 83 i sets TERRY,ESQUIRE,First Justice or day.Fab ruar�1 Q.2M5. FREDERIC i!CLAUSSEN, lety Commission Ices received a S.Yarowuth 08.39"-00 Pat LaPointe GD8430.21BG anytune, said Cowl at Barnstable this FREDERIC P.CLAUSSEN. Register of Probate RE1 O License appllc4lon from: General 215 ADIT[DUE3IART: To prices BEDROOM SET el Mh dey of Feb�r�uarryy�2005. Registeror Probate 2I17M5 ADAmeriran Pub pa ACORN ESTATE SALES fREDEWC P.CLAI�ICSEN. ?l11105 50 Rte.t34 lost R Found 220 .enured Innings,• rnes& Housa3bete Sales& This End Up bunk beds. ep� isslates 0-1482 dresser, bookcase, and ?11Tf06ster of Probers Coromonweatlh S.Oennls,MA OQ880 Voluntreers Needed 225 L-0102 or 3 trunk 1:locellent oorkil ion. Ig6 of Masaachusetis This recallso is eurrep a l- 5Et8 432-0102 of 362-8700 Commorrneanh ' ARTWORK.,-Old Paintings & 35MM(508)420-3815 The Tfal Court caned Massachusaus Ste La o► a TAW Courts n 1Trames,any T ondRlOn.San rt f mmochuse t The Trial Court Prolate and Family, bury lSeno Sias Aia A doing R$Ilgious 2u8 our buyer, 5OB-432-0613e * PORT SIDE * COMPUTER:Poxer Mac 0.3 of k9assechusetts Probate and Family Count Department business as: Ji s A9 Amarlrun daMo rowing sham The Trial Coed CatO Depanmant BARNSTABLE OtAslan Put) BASEBALL$OTHER SPORTS Estate Salasrti i 362-ns P Probate and hmity BARNSTABLE 01Aslon DoWtat Ka.05Pg143EP1 Estimated waady, Wit Olady FirwlBt{5O�362-7033 print_ Ma ap ail, Cored Owmatsnf o In that Estate of (number o1 oople)c 16110 Thank You SL Jude MEMarns,s qr Year Looks. printer & app�t2dforu in- Cowl No.04P19riBE.t pp For Answered-D.R. prograrns,spgR mapa�tesr dulled.Just I in and go. BARNSTABLE Otsdsbn In The Estate or ?NNE L.OOWNEY Current No.of CasA[ar post• Vr�ers cards,autographs,OT tam- g p tq Docket No.98PIOMP-1 ItARY L.OLBEN Late of FALMOuTH Bons selling Lafbary products:1 Ile ins for FREE IT33 S5O0.(508}888 d2t2 AIrA RY L.C.SEN go gy County of BARNSTABLE Percentage of hoof: THANKSGIVING NOIfENO M interested [no rohadng d0710E OF pace cur- � EXECUTORS ACCOUNT Mate of BARNSTABLE OLSE Elate at001h: renty devettd to l cdtery saw: �•JUD£ ur vintage itefns (life- COUCH:Goad canddlon,dads DECORATOR FABRIC. To all arsons Interested in The Jan 21,2005 196 0 ttaly St.Jude,RposUe and 1970}.C2B PPhB Ouda q �t rp dd u Asanrctnls from$4. BMd I (1Vfoi County of B SPO TA NOTICEOF PETITION Panxnlage or Boor space for MAW real in Moue sod rich 50"8b-4196 Q Fosters,Chatham 845.7465 estate o IVALTER A.ROFFE�Iahe In the County of BARNSTABLE gq pickup.{5 �420.9sBZ , of BOURNE (SAGAMORE Oslo of Death: FOR PROBATE OF WILL KEN sales 2% In m1TacLas, neat Were fT O1 CD$fDVD3 S80 is Far BEACH).EVIRNSTABLE County. June 1 2004 To all persons interested In the E311matad annual gross rave Jesus Cintst.faithful Inberces- ,� Pb1Ne:Spinet,walnut Brfsh. DINING ROOM 11{1TCK You are hereby nogfind purse- NOTICE OF'PETITION above captloned costs.a ailtlon nues d current Lottery pradugs: sat of all who Invoke your cashl stop �in the Coped w/ besr2r. Good Condition. ON V411W Wheal Color. fists been praserded praying that 31,330,000 special pratrsfl a le >Ime of Cad.B18 Maim St Clydtharn FIREEI(508)895-4419 48x18YX. $125. Picture ant Io.Mass R.CN.P.Rule 72 FOR PROBATE OF WILL or Cell(BOB)945•t044 avallabie'It Olt oast via that Via FIRST FINAL account To all persons IntaeestedIn Me a daxmeal purporting to be the Estimated percentage of gas need,(0 you I ave reocufft r emaTl(tp08}415 Oitle of JEAN S.ROF9 atkla JEAN 0. shaaecpticoei @slabs,a illan lest sdg of said decedent be reveaiues from sales of Lottery from Me depth el fry'heart COINS CaflaCtlons ServicTnq [terns Far Sale 335 ROFFE as EXECUTOR• the 11du• ties been prssenied pia ng gat and allowed, and gist products 3316 and husrb beg ba whom ( N all h. 7 e Cod Paid B' fatty) or Bald crisis has Tre@n ILLWN E OALLAHFCIt ct FAL- Estimated net Irsoome to be � Dlti1NG AOOIB SET:EUIan A!- a d 'sill a praportlng to be tli@ MOUTH EAST)in the County al derived sales of runic rod- God has pfusn such great Cash. 7 4.3113 0966. AMIQUE.•FURNTTIIRE: E ten oval cherry,4 chales,2 An�led to slid Court for atiaew last witl e1 @aid decadent he tt pp ewer to oome ro m assi9 ppqq BARNSTABLE be appointed exec acts at M tacssloir i67,001 y Ilsh Tavern Takla$1200fB0, loaves &pads.plus Nirich. 11 you desire to Y ioved and allewe] and that nee_H rtis In m resent COLD:SThier,Coins,YJatdrss preserve our FP afar,named in the will to serve Written ab[ecgon b tic@ apDfi• TmMvod em far %vgh $900.EateRelnrn@at center, 1TiWAAS S.OLSENoi BARNSTA wbhout sure catlort LOCAu LICENSING and triton peUl(on In fe• Diamonds, Guitars Instant 1 right to file an obiectlon to said BLE OWERVILLE)In Use County ry bbyy turn,1 tomice W ma'e ur rash.Rolex,Whither 9ta�Trout$21OOV80L New mappU, 6214' x 44k 23. --••-• •-•• _• ••-... �..... _. .� IF Yt1I1 DESIRE TO OBJECT AUTHORITY. ,F. .,..n..r rne:mn_ovrn rounded heW't tamer huts $soli Ov@rsWffed soft red 1 j October 27, 2000 STREAMLINE ENVIRONMENTAL P. O. BOX 275 WOODS HOLE, MA 02543 BOARD OF HEALTH HYANNIS TOWN HALL 367 MAIN STREET HYANNIS, MA 02601 RE: RESIDENCE 64 HARBOR ROAD HYANNIS, MA DEAR HEALTH DEPARTMENT: In accordance with state environmental regulations public involvement requirements [310 CMR 40.1403(7)], on behalf of the property owner for the above-noted location, enclosed herein is a copy of an Activity and Use Limitation placed on this property. Sincerely, For: Streamline Environmental Andrew Brolowski cc: Hyannis Health Inspector Hyannis Building Code Department Hyannis Zoning Department Hyannis Fire Department DEP Southeast Region A ,I9 n ° Form 1075 310 cmr 40.1099 BI<_ f=D32:3 PG320 66806 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c.21E, §6 and 310 CMR 40.0000 10-27--20430 e 12 =G0 Disposal Site Name: Residence DEP Release Tracking No.(s): 4-0732 This Notice of Activity and Use Limitation ("Notice") is made as of this J 7 day of 6 - 20 c�" by Dennis M. Carey.P. 0. Box 1. Hyannisport. MA 02601, together with his successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, Dennis Carey, of Hyannis. Barnstable County. Massachusetts is the owner in fee simple of that certain parcel of vacant land located in Hyannis. Barnstable County, Massachusetts,.with the buildings and improvements thereon ("Property"); WHEREAS, said parcel(s) of land, which is more particularly bounded and described in Exhibit A,attached hereto and made a part hereof('Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded herewith in Barnstable County Registry of Deeds in Plan Book S5 9 , Plan 9 1 . WHEREAS, the Property comprises part of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site (to the extent such boundaries have been established). Exhibit B is attached hereto and made a part hereof.; and WHEREAS, one or more response actions have been selected for the Disposal Site-in accordance with M.G.L. c.21E("Chapter 21E")and the Massachusetts Contingency Plan, 310 CMR 40.0000("MCP"). Said response actions are based upon(a)the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in,on,through, over or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion("AUL Opinion"),dated ro l J 06), (which is attached hereto as Exhibit C and made a part hereof); NOW,THEREFORE,notice is hereby given that the activity and use limitations set forth in. said AUL Opinion are as follows: 1. Permitted Activities and Uses Set Forth in the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Portion of the Property: (i) Subject to the provisions listed below,non-invasive activities and uses including, but not limited to,residential use which do not compromise the structural integrity of the current residence foundation or disturb petroluem-contaminated soil located beneath the current residence foundation on the Property. Form 1075 310 cmr 40.1099 (ii) Any other activity which does not excavate or disturb petroleum-contaminated soil; and (iii) Short-term(three months or less) underground utility and/or construction activities including, but not limited to, excavation (including .emergency repair of undergrouynd utility lines),which are likely to disturb petroleum-contaminated soil location beneath the current building, provided that such activities are conducted in accordance with Obligations/Conditions(i)and (ii) in Section 3 of this Activity and Use Limitation Opinion ("Opinion"), the soil management procedures of the MCP cited at 310 CMR 40.0030, and all applicable worker health and safety practices pursuant to 310 CMR 40.0018; (iv) Activities and uses which are not identified in this Opinion as being inconsistent with maintaining a condition of No Significant Risk; and, (v) Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety,public welfare, or the environment than the activities and uses set forth in this paragraph. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Any activity including, but not limited to, excavation, which is likely to disturb or render accessible petroleum-contamination soil located beneath the current building foundation with underground utility and/or construction work, without prior development and implementation of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i) and (ii)of Section 3 of the AUL; • (ii) Any activity which is likely to disturb petroleum-contaminated soil located beneath the current building foundation for a period of time greater than three months,unless such activity is first evaluated by an LSP who renders an Opinion stating that such activity is consistent with maintaing a condition of No Significant Risk and that such activity is conducted in accordance with Obligations (i)and(ii) of Section 3 of this AUL; and, - (iii) Relocation of petroleum-contaminated soil .located beneath the current building foundation, unless such relocation is first evaluated by an LSP who renders an Opinion stating that such relocation is consistent with maintaining a condition of No Significant Risk. 3. Oblations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: Form 1075 310 cm 40.1099 (i) A Soil Management Plan must be prepared by a Licensed Site Professional (LSP) prior to the cmmencement of any activity which is likely to disturb petroluem- contaminated soil located beneath the current building foundation. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the petroleum-contaminated soil should be appropriately trained on the requirements of the Plan,and the Plan must remain available on-site through the course of the project; (ii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity which may result in the disturbance of petroluem- contamainted soil located beneath the current building foundation. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Plan should specify the type of personal protection, engineering controls,and environment monitoring necessary to prevent worker and other potential receptor exposures to petroleem-contaminated soil through ingestion,dermal contact, and inhalation. Workers who may come in contact with the petroleum-contaminated soil should be appropriately trained on the requirements of the Plan, and the Plan must remain available on-site through the course of the project; (iii) The petroleum-contaminated soil located beneath the current building foundation must remain in place and may not be relocated,unless such activity is first evaluated by an LSP who renders an Opinion which states that such activity poses no greater risk of harm to health, safety, public welfare or the environment and ensures that a condition of No Significant Risk is maintained. 4. Proposed Changes in Activities and Lases.Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq ., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities,uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq ., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. Form 1075 310 cmr 40.1099 If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to.be necessary by an LSP in accordance with 310 CMR 40.1080 et seq.,the owner or operator of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds, Mortgages Leases and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all deeds, easements, mortgages, leases, licenses,.occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). Form 1075 310 cmr 40.1099 WITNESS the execution hereof under seal this day of 0 . Owner COMMONWEALTH OF MASSACHUSETTS r h S r o! — , ss Or-1—�{ic�—, a '1 , 20 u U peh n tM. Then personally appeared the above named C r,ae I and acknowledged the foregoing to be his/be`free act and deed before me, _ Notary Public: My Commission Expires: My Commission Expires October 2,2003 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set fo in aid Activity and Use Limitation Opinion. Date: lo./7 • XW SH OFMas LSs�cy� �o c THEODOREJ. KAEGAELJR. y NO.1127 FGIST- COMMONWEALTH OF MASSACHUSETTS E PR. .J ei s74C. (,�4XrTS� , ss L&'OA re , 20Z_ Then personally appeared the above namedr.. ;�pd acknowledged the foregoing to be his/her free act and deed before me, Notary Public: My Commission Expires: EXHIBIT A (Description of Parcel of Land/Area Subject to AUL) A.certain parcel of land situated in Hyannis, Barnstable County, Massachusetts, owned by Dennis M.Carey, P. O.Box 1,Hyannisport,Massachusetts, shown as Lot 3 on a plan entitled, "Plot Plan of Land with Location of Activity and Use Limitation for 64 Harbor Road,Hyannis,MA",dated May 21, 1999, Scale 1"=40',prepared by Carmen E. Shay, Environmental Services, Inc., 34 Thatchees Lane, East Falmouth, Massachusetts,and recorded with Barnstable County Registry of Deeds in Plan Book Plan�, and being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Harbor Road, approximately on hundred and thirty-four and 14/100 (134.14)feet south of Warren Avenue,at the southwest corner of land now or formerly of Dennis M. Carey; and thence running S 790 29' 00" W by land now or formerly of Dennis M. Carey one hundred sixty.and 00/100(160.00)feet;thence turning and running S 130 16' 20" W by land now or formerly of Sebastion Volpe one hundred twenty and 9/100 (120.09) feet; thence turning and running S 790 2 F 50" W by land now or formerly of Sebastion Volpe one hundred eleven and 56/100 (111.56) feet; thence turning and running N 100 3 F 00" W along the easterly sideline of Harbor Road, one hundred ten and 12/100 (110.12) feet to the point of beginning,containing 14,932 square feet of land,more or less,according to said plan. EXHIBIT B SKETCH PLA PAGE ab 6j A CLASS B RESPONSE ACTION OUTCOME STATEMENT �a FOR THE PROPERTY KNOWN AS 64 HARBOR RD. HYANNIS, MA HAS BEEN FILED WITH THE H a ST MA DEPARTMENT OF ENVIRONMENTAL PROTECTION �c IN LAKEVILLE. MA AND REQUIRES AN ACTIVITY & USE LIMITATION (AUL) if THE AREA OF AUL IS EQUAL TO »s THE BOUNDRIES OF LOT 3 - 14.932 S.F. S C IS 'Iwam AS SHOWN ON THIS PLAN N. LOCUS, 1' = 2,000' LOT 1 LOT 2 N/F DENNLS K CAREY N/F DEW=N. CAREY a .EANNE S. CAREY a JEAN NE S. CAREY 1"or 4 V Q4Q. § e 8 E LOT 3 , `? O 14,932 S.F. J o 4 n £ �14 o v CID ." a L �, S79a ZI' 5rV po o o P" W N/F SADASTIDL VOLPE 0 40 80 100 I CERTIFY THAT TNEPROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING EXISTING OWNERSHIPS AND T'ri[ LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF SCALE: 1--40' PUBLIC OR PRIVATE WAYS ALREADY ESTABLISHED AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. AND I THE PROPERTY UINES ARE CONPI1 M FROM I CERTIFY THAT THIS PLAN WAS MADE TO CONFORM TO THE SURVEY PLAN GENERATED er THE RULES & REGULATIONS OF THE REGISTRY OF DEEDS. MOM CONEY. P.E. ILL& OF CENTERVIUL MA ENURED -PLAN OF LAND IN BARNSTABLE . W1' ("5. 1263) AND NOT AS A RESULT OF AN INSTRUMENT SURVEY R SHOULD K USED FOR 140 PURPOSE OTHER THAN RECORDING THIS ACrMTY! USE LIWATION LEGEND 5/21/99 J DENOTES RELEASE AREA EXTENTS AUL ACTIVITY & USE LIMITATION ZONING = RB PLOT PLAN OF LAND WITH LOCATION OF ACTIVITY & USE LIMITATION FOR DENNIS M.CAREY 64 HARBOR ROAD (OWNER) HYANNIS, MA OF 40 PREPARED BY: AIL HT CARMEN E. SHAY JOLY J A PC. ND.IIfLa4 ;, 34 THATCHERS LANE `- EAST FALMOUTH, MA 025M "oTELIFAX : 306-346-07/6 FOR REGISTRY USE -a ORAR►N BY; CES DATE_ MAY 21. 1999 PIO.E 0%101 nLD AIIE: SLIGI.OWC SHEET I Of I EXHIBIT C ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of 310 CMR 40.1074,this Activity and Use Limitation Opinion has been prepared for a parcel of land owned Dennis M. Carey, located at 64 Harbor Road,Hyannis; Barnstable County, Massachusetts (the "Property"). As of the date of this Activity and Use Limitation Opinion, the Property and surrounding area is zoned for residential use. The Property contains one residential building and is otherwise ubiquitously vegetated. Site History The Property has always been residentially used or vacant and undeveloped until the present. In 1988, a subsurface fuel oil tank feedline was discovered by an oil-burner service man to be leaking fuel oil beneath the residence foundation. The Hyannis Fire Department notified the DEP (at that time,the DEQE)of the release(the "Release")based on their immediate inspection of the basement area and olfactory conditions suggesting a petroleum release had occurred and,an evaluation of fuel oil delivery records. From 1989 to 1993, several subsurface investigations were conducted which revealed petroleum- contaminated soil from below the former leaking fuel oil feedline to the groundwater located approximately 15 feet below. Several groundwater monitoring wells placed around and downgradient to groundwater flow from the release area indicated select downgradient monitoring wells contained separate phase petroleum product. From 1996 to 1999, additional site investigation work conducted as part of an ongoing DEP approved Immediate Response Action indicated concentrations of soil. Extractable Petroleum Hydrocarbons (EPHs) and Poly Aromatic Hydrocarbons (PAHs) which exceed the MCP Method 1, S-1 Standards but fall below the Method 1, S-3 Standards to exist in soil samples collected from 8 to 10 feet below the former fuel oil feed line/area below the building foundation. IRA results also revealed, based on 3 separate well gauging events, separate phase oil detected in select downgradient monitoring wells to be immeasurable (< 1/8 inch thick) relative to true formation thickness and no additional wells becoming impacted with separate phase oil. Three (3) separate groundwater sampling events conducted during the IRA indicated:all sample concentrations of-on- site and off-site -groundwater Volatile Organic compounds (VOCs) and PAHs below Method 1, GW-1 Standards; all but 2 averaged sample - on-site - concentrations of EPHs below Method 1, GW-1 Standards; and, 2 - on-site - sample concentrations slightly above the Method 1, GW-1 Standards for cl 1-c22 aromatic hydrocarbon range of EPHs,but significantly below the Method 1, GW-2 Standards. Groundwater beneath the Property is considered to fall into the GW-2 category based on it's proximity to salt-water bodies and consequent likeliness for diminished drinking water quality. [Note: The "MCP"is the Commonwealth of Massachusetts'code of regulations for the notification, assessment and cleanup of disposal sites where a release of oil and/or hazardous material has occurred. The "MCP Method I Cleanup Standards" refer to numerical standards for chemical contaminants in soil and groundwater which are published in the MCP.] r page l of 4 Reason for Activity and Use Limitation A Method 1 Risk Characterization was conducted to evaluate the risk posed by contamination remaining in soil and groundwater from the Release. Using the Method 1 approach; concentrations of VOCs, PAHs and EPHs remaining in soil and groundwater were compared to the MCP Method 1, Soil and MCP Method 1, Groundwater Standards to determine if the Release poses a risk for current and future activities and uses. The Method 1 Risk Characterization concluded that the Release poses No Significant Risk to health, safety, public welfare or the environment for current conditions of residential use of the Property because contaminant concentrations remaining in soil and groundwater met the applicable Method 1, S-2 and S-3 Soil Standards and GW-2 Groundwater Standards, respectively. Levels of off-site groundwater VOCS, PAHs and EPHs met the lower Method 1, GW-1 Standards and, all groundwater samples collected during the IRA fall significantly below the Method 1, GW-2 Groundwater Standards. Levels of VOCs measured in soil met the lower Method 1, Soil Standards and, as well as groundwater contaminant concentrations, pose No Significant Risk for unrestricted future site activities and uses. However, since select EPHs and PAHs in soil located 8 to 10 feet below the current residence foundation exceeded their respective Method 1, S-1 Standards, an unacceptable risk exists should future activities and uses of this portion of the Property result in unrestricted human exposure to the soil,such as those associated with a child's exposure through direct contact and/or dermal absorption. Therefore, in order to ensure that such exposures do not occur and that a condition of No Significant Risk be maintained for future activities and uses, an Activity and Use Limitation is required to restrict certain activities and uses of the Property. Permitted Activities and Uses (i) Subject to the provisions listed below, non-invasive activities and uses including, but not limited to, residential use which do not compromise the structural integrity of the current residence foundation or disturb petroleum-contaminated soil located beneath the current residence foundation on the Property; (ii) Any other activity which does not excavate or disturb petroleum-contaminated soil; (iii) Short-term(three months or less)underground utility and/or construction activities including, but not limited to, excavation (including emergency repair of underground utility lines), which are likely to disturb petroleum-contaminated soil location beneath the current building, provided that such activities are conducted in accordance with Obligations/Conditions(i)and (ii) in Section 3 of this Activity and Use Limitation Opinion ("Opinion"), the soil management procedures of the MCP cited at 310 CMR 40.0030, and all applicable worker health and safety practices pursuant to 310 CMR 40.0018; (iv) Activities and uses which are not identified in this Opinion as being inconsistent with maintaining a condition of No Significant Risk; and, page 2 of 4 Permitted Activities and Uses (cont.) (v) Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health,safety,public welfare, or the environment than the activities and uses set forth in this paragraph. Activities and Uses Inconsistent with the AUL Opinion (i) Any activity including, but not limited to, excavation, which is likely to disturb or render accessible petroleum-contamination soil located beneath the current building foundation with underground utility and/or construction work, without prior development and implementation of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i)and (ii) of Section 3 of the AUL; (ii) Any activity which is likely to disturb petroleum-contaminated soil located beneath the current building foundation for a period of time greater than three months, unless such activity is first evaluated by an LSP who renders an Opinion stating that such activity is consistent with maintaining a condition of No Significant Risk and that such activity is conducted in accordance with Obligations (i) and (ii) of Section 3 of this AUL; and, (iii) Relocation of petroleum-contaminated soil located beneath the current building foundation, unless such relocation is first evaluated by an LSP who renders an Opinion stating that such relocation is consistent with maintaining a condition of No Significant Risk. Obligations and Conditions (i) A Soil Management Plan must be prepared by a Licensed Site Professional (LSP) prior to the commencement of any activity which is likely to disturb petroleum-contaminated soil located beneath the current building foundation.The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the petroleum-contaminated soil should be appropriately trained on the requirements of the Plan,and the Plan must remain available on- site through the course of the project; (ii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity which may result in the disturbance of petroleum-contaminated soil located beneath the current building foundation. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Plan should specify the type of personal protection, engineering controls, and environment monitoring necessary to prevent worker and other potential receptor exposures to petroleum-contaminated soil through ingestion, dermal contact, and inhalation. Workers who may come in contact with the petroleum- contaminated soil should be appropriately trained on the requirements of the Plan, and the Plan must remain available on-site through the course of the project; page 3 of 4 Obligations and Conditions (cont.) (iii) The petroleum-contaminated soil located beneath the current building foundation must remain in place and may not be relocated, unless such activity is first evaluated by an LSP who renders an Opinion w 'ch states that such activity poses no greater risk of harm to health, safety pn i elfare or the environment and ensures that a conditio of No�nificant Risk is� tained. LSP: `� - =� ! ► �SNOFMASS Theodoie,J✓Kai, ic-ensed Site Professional THEODORE J. KAEGAEL JR. y Date: � 'f�'Z�Dv NO. 1127 J �FLs 9FGI ►��SITE PRLF�e� 9 page 4 of 4 EXHIBIT D B WSC AUL Transmittal Form 1 Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1070-40.1084 (Subpart J) 3 COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE. A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Site Name: _ P F S }d f'Y1 C Street: �� �j @ d Location Aid: City/Town: �., e, rl 4 f ZIP Code: Address of property subject to AUL,if different than above. Street: City/Town: ZIP Code: B. THIS FORM IS BEING USED TO: (check one) Provide the LSP Opinion for a Notice.of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form). Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4) (complete all sections of this form). Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of this form). ❑ Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this form). Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections of this form). C. LSP OPINION: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal,including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge,information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074(1)(b); > if Section B indicates that an Amended Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii) complies with 310 CMR 40.1080(1)and 40.1081(1); > if Section B indicates that a Termination of a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal()is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083(3)(a); > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal @ is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(i)complies with 310 CMR 40.1071(1)(b); > if Section B indicates that an Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080(1)and 40.1081(1); > if Section B indicates that a Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1083(3)(a). I am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know to be false,inaccurate or materially incomplete. Check here if the Response Action(s)on which this opinion is based,if any,are(were)subject to any order(s),permit(s)and/or approval(s) issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions thereof. SECTION C IS CONTINUED ON THE NEXT PAGE. Revised5/8/95. _ Do Not After This Form Page 1 of 2 Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number P rsuant to 310 CMR 40.1070-40.1084(Subpart J) 3 C. LSP PI ON: (continu d) LSP Name: BDRe v. �L LSP#:1 t _ Stamp: N 8F MASSq Telephone: FAX: o THEODORE J. �v�2 EG�EL E✓.4 tlti G �' US E f P KAEGAEL JR. v� 4 NO.1127 ^, LSP Signatu . a`�ys9FGlSTE���gam° Date: Z ���pSt*. PR�F�S YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. 'Revised 5/8/95 Do Not Alter This Form Page 1 of 2 i COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE TRUDY COXE Secretary WILLIAM F.WELD Governor DAVID B. STRUHS Commissioner ARGEO PAUL CELLUCCI ! Lt. Governor iC(Opy y March 4, 1997 RE: BARNSTABLE--wSC/SMP-4-0732 Dennis Carey, Owner property, 64 Harbor Road Harvard Realty Associates permit # 82723 ^� 17 High School Road IMMEDIATE RESPONSE ACTION Hyannis, Massachusetts 02601 pLp,N APPROVAL M.G.L. c. 21E and 310 CMR 40 .0000 I ` `; j Dear Mr. Carey: '. The Department of Environmental Protection, Bureau of Waste :. , received an Immediate Response :i Cleanup (the Department) , 1997, for the above- Site Action (IRA) Status Report on January 10, referenced disposal site. The I beStafus Report was submitted by Streamline Environmental on your ro osed additional assessment The IRA Status Report P P soil samples activities . These activities include testeborings/microwells; during the installation of two temporary r t monitoring wells TBT- analyzing groundwater samples MW 3 1 for vvolatile organic compounds 6 , TBT-7 , B201, MW-1, and the installation of (VOCs) , and extractable hydrocarbons; lter canisters in wells A-4 and RW-2 . hydrophobic fi De artment hereby approves the proposed IRA assessment The P activities with the following conditions/modifications :s in advance of all Notify the De partmen ork so that theat leastrDeparment has the site-related field w performed. opportunity to observe this work as it is . depicted in the . .. 2 , Based on groundwater flow direction ' status report and contaminant , distribution in the groundwater, additional micro are necessary west/southwest of the site to determine whether m ? downgradient residences and/or surface water in the pond z 9 FAX(508) 947-6557 • Telephone (508) 94&2700 y ,j 20 Riverside Drive • Lakeville, Massachusetts 02347 t ..t _- r '•T s, ,yam _ _ a r=' —2— approximately 200 feet east of the site may be impacted by the free phase product/dissolved constituents migrating from the site . One microwell should be located within Harbor. Road near the southwest property corner and another should be located at the southern terminus of Harbor Road. A third microwell should be located approximately midway between the site and the end of Harbor Road. Additional microwells should be located east by southeast of the site within Breakwater Street . Soils should be screened in accordance with Interim Remediation Waste Management Policy for Petroleum Contaminated Soils #WSC-94-100 . 3 . Provide a figure in the next IRA Status Report or the IRA Completion Report that depicts groundwater contours and flow direction at the site. All calculated groundwater elevations should be ..shown on the figure . Groundwater contour calculations should incorporate groundwater data obtained from the newly installed microwells . All monitoring wells/microwells in which a groundwater depth was determined should be accurately located on the figure . 4 . Re-gauge all wells for light non-aqueous phase liquid (LNAPL) . Describe the method of determining LNAPL thickness . Provide a figure indicating depth to LNAPL, depth to groundwater, and corrected groundwater elevations . S . Obtain groundwater samples from ten monitoring wells *; including the newly installed microwells . Analyze groundwater samples by a state certified laboratory for aromatic volatile organic compounds utilizing EPA Method 8020 and total petroleum hydrocarbons using the VPH/EPH approach. ti 6 . Any proposed modification to this IRA approval requires - Department notification and approval prior to implementation. If you have any questions, please contact James Kenny at the letterhead address or by telephone at (508) 946-2720 . Sincer ly, rard M.R. Martin, Acting Chief Site Management and Permits Section M/JK/cb CERTIFIED MAIL NO. P 058 740 500 RETURN RECEIPT REQUESTED h.i 7a 5:a ��i �-..•-•-:- ...w.t..-- .u'tuu::.�..,. '' !. .r 1:3._-�.e.a- - .u.L..i' ....-.._.._.:. _�,.�... :..7se_.._.-....,_... e C ..w u:'.yTf:•c' -..f.S . S.w CS'..rk:e'r'x.: -3- cc : Barnstable Board of Health Town Hall 367 Main Street Hyannis, MA 02601 Barnstable Board of Selectmen Town Hall 367 Main Street Hyannis, MA 02601 Streamline Environmental P.O. Box 275 Woods Hole, MA 02543 ATTN: Andrew Brolowski SITEC Environmental 13 Welby Road New Bedford, MA 02745 ATTN: Theodore J. Kaegael, Jr. DEP-SERO ATTN: Andrea Papadopoulos, Deputy Regional Director Mark Jablonski, Permitting Branch Chief. Kevin Kiernan, Deputy Regional Counsel DEP-SERO ATTN: Data Entry i I I Commonweafth of Massachusetts Exe cutive Office of Environmental Affairs � Department of Environmental Protection ' Southeast Regional Office L Y 8 VA F.weld �' 2 Mam 19 9 Trudy Coxee f B.«.wy,EOEA David IL Strube e V" c—� i 9 �.. May 23, 1996 Dennis Carey, Owner RE: BARNSTABLE--WSC-4-0732 Harvard Realty Associates Property, 64 Harbor Road 17 High School Road Permit 1 82723 Hyannis, Massachusetts 02601 Tier I Transition Classification and Permit Statement K.G.L. 0.21E and 310 CMR 40.0000 NOTICE OF PERMIT EFFECTIVE DATE Dear Mr. Carey: Enclosed please find the first page of the Permit for the above-referenced site indicating the permit's effective and expiration dates.. Please attach this page to the Tier IC Permit already in your possession. The Department of Environmental Protection (Department) is urging you to review and familiarize yourself with the Permit's terms and conditions and the Massachusetts Contingency Plan (MCP) , 310 CMR 40.0000, in order to complete the required response actions, within the timelines set forth therein. Please be advised that if a Response Action Outcome (RAO) can not be achieved at this site prior to the expiration date of this Permit, an application cati on for a Permit Extension. must be submitted to the Department. Such application shall be filed with the Department 90 days prior to the expiration date of this permit. As stated in the Department's letter dated May 1, 1996, the Department has reason to believe that immediate or accelerated response: actions are necessary to prevent, eliminate or minimize damage to health, safety, the environment, or public welfare of onsite or downgradient residences, and that a condition of a Substantial Release Migration may exist at the site. Therefore, an Immediate Response Action (IRA) evaluation is required to be conducted at 64 Harbor Road in accordance with 310 CMR 40.0410. An IRA Plan, in accordance with 310 CMR 40.0424, shall be submitted to the Department within 30 days of receipt of this notice. The deadline for these submittals constitutes an enforceable Interim _ 20 Rkoerside Drive 9 L.ak@WIK Massachusetts 02347 9 FAX(SOB)947$557 9 Telephone (508) 946-2700 -2- Deadline established pursuant to M.G.L. c. 21E, section 3A (j) and 310 CMR 40.0167. Failure to meet these deadlines may result in enforcement actions by the Department. If you have any questions, please, call James Kenny at (508) 946-2720. Since ly, erard M.R. Mar in, Ac ing Chief Site Management and Permits Section M/JK/cb CERTIFIED MAIL NO. P 606 861 663 RETURN RECEIPT REQUESTED cc: Barnstable Board of Health Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Brian R. Grady, Chairman Barnstable Board of Selectmen Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Warren Hansen, Chairman Fugro East, Inc. Sextant Hill 90 Route 6A Sandwich, MA 02563-1866 ATTN: Joseph Salvetti DEP-SERO ATTN: Andrea Papadopoulos, Deputy Regional Director Jonathan E. Hobill, Acting Regional Engineer Mark Jablonski, Permitting Branch Chief Kevin Kiernan, Deputy Regional Counsel DEP-SERO ATTN: Data Entry r Masachn3cas Department of Environmental Protection Bureau of Waste Site Cleanup (BWSC) TIER I TRANSITION CLASSIFICATION AND PERMIT STATE This Permit is Issued to: For DEP Use Only i 6'One Permittee 1 IN .4 Effective Date: 5 16 196 ESt)iration Date: S 1%6 I of ❑ More than One Permitme' , 'A list of all Permittees is attached. One Permitme: Name of Organization: Permittee Name: Dennis Carey Title: Owner Street: 17 High School Road Ciry/Town: Hvannis State: MA Zip code: 02601 Telephone: 508-771-1778 DEP Finding Concerning Tier Classification /Transition Tier IA(BWSC04) ❑ Transition Tier 113 (BWSC05) Permit No. 82723 This permit authorizes comprehensive remedial response actions at: Disposal Site Number. 4-0732 Disposal Site Name: Proaern Street: 64 Harbor Road Ciry/Town: Hyannis State: MA Zip code: 02601 The Perminee has 120 days from receipt of this Transition Permit to sign and submit the Transition Statement. This permit shall be effective upon the Department's receipt of the signed and dated Transition Statement. This permit shall expire 5 years from its effective date. Permit Conditions (1) All response actions conducted pursuant to this Tier I Permit shall comply at all times with M.G.L.c.21E.310 CMR 40.0000,rhe terms and conditions of the permit and any other applicable federal, state or Local law. (2) In every proceeding,the burden shall be on the Permittee to demonstrate compliance with the terms and conditions of a permit at all times. (3) Each Permitme shall comply with: (a) submittal of a Class A.B or C Response Action Outcome Statement within five years of the effective date of the permit,unless otherwise provided in the permit; (b) submittal of a copy of the signed and completed Transition Classification and Permit Statement to the Chief Municipal Officer(s) and the local boards of health for the communities where the disposal site is located. Rev. 12/93 1 . i Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office William F.Weld Governor _)y Trudy C (DFD Secretary,,EOE EOE A David B. Struhs Commissioner May 1, 1996 Dennis Carey, Owner RE: 1�11 ,; ,., � Harvard Realty Associates Property, 64�`.Harbor 'Road' 17 High School Road Permit # 82723 Hyannis, Massachusetts 02601 Tier I Transition Classification and Permit Statement M.G.L. c.21E and 310 CMR 40.0000 Dear Mr. Carey: The Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup (the Department) initially sent, you a Transition Permit for the above-referenced site on August 23, 1994 requesting that you sign and return it to the Department within .120 days. You failed to return the signed permit within the required timeframe. The Department then sent you a Notice of Non-compliance (NON) by== -hand : delivery via the Barnstable County Sheriff's Department Theu NON. :.required you- to return the signed- and completed.-Transition Permit within 21-days of receipt. To date the Department has not received a _signed and completed ,permit. -The Department again requests that you sign, complete, and return the enclosed Transition Permit within seven days of receipt of this letter indicating whether or not you intend to accept the terms specified in the Permit. If the signed and completed Transition Permit is not received within seven days, the Department shall consider further enforcement actions including fines and/or penalties' pursuant to M.G.L. c. 21E and 310 CMR 40. 0000, The Massachusetts Contingency Plan (MCP) . Furthermore, failure to accept the terms of the Permit does not relieve you of your liability for performing response actions at the site pursuant to M.G.L. c. 21E and the MCP. This letter also serves to notify you that the Department has reason to believe that immediate or accelerated response actions are necessary to prevent, eliminate or minimize damage to health, safety, the environment, or public welfare of onsite or downgradient residences, and that a condition of a -Substantial Release Migration may exist at the site. Therefore, an,.Immediate Response j.Action (IRA).•evaluation is required: to-..be conducted at. 64 Harb6r Road in-accordance with 310 CMR .40..0410. - 20 Riverside Drive 0 Lakeville,Massachusetts 02347 • FAX(508)947-6657 • Telephone (508) 946-2700 1 _2- If you do not take the necessary response actions, or fail to perform them in an appropriate and timely manner, the Department is authorized by M.G.L. c. 21E §4 to have the work performed by its contractors, and, by M.G.L. c. 21E §8 to enter any site and areas proximate thereto at reasonable times, and upon reasonable notice, to undertake assessment, containment and removal actions in . order to address the subject release. Should you take the necessary response actions at the subject site, you can avoid liability for response action costs incurred by the Department and its contractors in performing these actions, and any sanctions which may be imposed for failure to perform response actions under the MCP. You may be liable for up to three (3) times all response action costs incurred by the Department. Response action costs include, without limitation, the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or their contractors, expenses incurred by the Department in support of those direct hours, and payments. to the Department's contractors. For more detail on cost liability, see 31.0 CMR 40. 1200. . The Department may also assess interest on costs incurred at the rate of twelve percent. (12%) , . compounded annually. To secure payment of this debt, the Commonwealth may place liens on all of your property in the Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against .you. In addition to your liability for up to three (3) times all response action costs incurred by the Department, you may also be liable to the Commonwealth for damages to natural resources caused by the release. Civil and criminal liability may also be imposed under M.G.L. c. 21E, § 11, and civil administrative penalties may be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L. c. 21E, the MCP, or any order, permit or approval issued thereunder. If performance of the necessary response actions is beyond your technical, financial or legal ability, you should promptly notify the Department in writing of your inability to conduct response actions in accordance with Chapter 21E, subsection 5 (e) , and 310 CMR 40.0172. -3- Please contact James Kenny at (508) '946-2720, if you have any questions. Ver my yours, rard M.R. Martin, Acting Chief Site Management and Permits Section M/JMK/re cc: Barnstable Board of Health Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Brian R. Grady, Chairman Barnstable Board of Selectmen Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Warren Hansen, Chairman DEP-SERO ATTN: Andrea Papadopoulos, Deputy Regional Director Jonathan E. Hobill, Acting Regional Engineer Mark Jablonski, Permitting Branch Chief Kevin Kiernan, Deputy Regional Counsel DEP-SERO Data Entry Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection ' Southeast Regional Office William F.Weld Governor Trudy Coxe Secretary,EOEA Thomas B. Powers f 1 Acting Commissioner URGENT LEGAL MATT R February 16, 1995 Dennis Carey RE: BARNSTABLE--WSC/SA-4-0732 Harvard Realty Associates Property, 64 Harbor Road 17 High School Road Permit # 8.2723 Hyannis, MA 02601 M.G.L. c. 21E NON-RE-95-SMP-3024 NOTICE OF NONCOMPLIANCE M.G.L. c. 21E, 310 CMR 40.0000 Failure to Return the Transition Permit Statement Gentlemen: A review of records conducted by Department of Environmental Protection personnel demonstrates that Dennis Carey is not in compliance with one or more laws, regulations, orders, licenses, permits, or approvals enforced by the Department. Be advised that the regulations that generally set forth the requirements and procedures for Transition Provisions are codified at Subpart F of the Massachusetts Contingency Plan (MCP) , 310 CMR 40.0600. The Department has included with and specifically incorporated into this writing a NOTICE OF NONCOMPLIANCE SUMMARY, which includes: (1) the requirements applicable to Transition Provisions undertaken at 64 Harbor Road; (2) the elements and occurrence(s) of the noncompliance necessitating the issuance of this Notice; and (3) the deadline within which a return to compliance must .be achieved.. 20 Riverside Drive 9 Lakeville,Massachusetts 02347 • FAX(508)947-6557 0 Telephone (508) 946-2700 l -2- An administrative penalty may be assessed for every day from now on that you remain out of compliance with the requirements described in this Notice of Noncompliance. Notwithstanding this nice of Noncompliance, the Department reserves the right to t,yercise the full extent of its legal authority in order to obtain . fall compliance with all applicable legal requirements, including but not limited to the assessment of . civil administrative penalties, the commencement of a . civil, action: in the court(s) of competent jurisdiction, or the commencement of a criminal prosecution in the court(s) of competent jurisdiction. Please contact Mark Jablonski at (508) 946-2819 if you have any questions concerning this Notice. Very truly yours, J a an E. Hobill, Acting Chief S to Management & Permitting H/MJ/rr CERTIFIED MAIL #Z 311 198 952 RETURN RECEIPT REQUESTED cc: Barnstable Town Hall 367 .Main Street Hyannis, MA 02601 ATTN.: Warren Rutherford, Town Manager Board of .Health Barnstable Town Hall P.O. Box 534 Hyannis, MA 02601 ATTN: Brian Grady, Chairman DEP - Boston - BWSC ATTN: James Colman Larissa Drennan DEP - Boston - Office of Enforcement ATTN: Robert Bois DEP - SERO ATTN: Andrea Papadopoulos, Deputy Regional Director David Johnston, Enforcement Coordinator Donald Nagle, Legal John Handrahan, Data Entry Deborah Marshall, Project Manager NONCOMPLIANCE SUMMARY NON-SE-95-SNP-3024 NAME OF .ENTITIES IN NONCOMPLIANCE: Dennis Carey LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: Site # WSC/SA-4-0732 Permit # 82723 DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: December 25, 1994 DESCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED WITH: On August 23, 1994 the Department issued to Dennis Carey a Transition Classification and Permit Statement ("Statement") for the above referenced location. The Statement was received by Dennis Carey on August 25, 1994. In accordance with 310 CMR 40. 0640, Dennis Carey had 120 days from the date of receipt of . the Statement to sign and return the Statement to the Department. The 120 days deadline expired on December 25, 1994. To date, the Department has not received the signed Statement from Dennis Carey. Dennis Carey has failed to return the signed Statement as described above within the timeline set forth in 310 CMR 40. 0640. ACTIONS TO . BE TAKEN, AND THE DEADLINE FOR TARING SUCH ACTION: Submittal to the Department of the completed and signed Statement, as described above, within 21 days of receipt of this Notice. For the Department of vironmental Protection: Date: Name: Jq#athan E. Hobill, Acting Chief Si a Management & Permits Section Commonwealth of Massachusetts i Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office William F. Weld Govemor Danlel S.Greenbawn commis January 25, 1993 Harvard Realty Associates RE: BARNSTABLE--WSC-4-0732 17 High School Road 64 Harbor Road, Hyannis, Hyannis, Massachusetts 02601 NOTICE OF RESPONSE ACTIONS/ NOTICE OF COMMENCEMENT OF WORK M.G.L. , Chapter 21E and 310 CMR 40.000 ATTENTION: Mr. Dennis Carey Gentlemen: This letter is to notify you (Harvard Realty Associates) that the Department of Environmental Protection, Bureau of Waste Site Cleanup (the "Department's) , will commence necessary response actions at the above-referenced site during March, 1993. These actions are being undertaken pursuant to the Department's authority under Massachusetts General Laws, Chapter 21E, (Sections 4 and 8) the Massachusetts Oil and Hazardous Material Release Prevention and Response Act. Section 4 authorizes the Department to take or arrange for such response actions as it reasonably deems necessary. Section 8 specifically authorizes the Department to enter any site and areas proximate thereto at reasonable times and upon reasonable notice to undertake necessary assessment, containment and removal actions pursuant to Section 4 of Chapter 21E. You have been informed previously of your liability with regard to this matter by a Notice of Responsibility dated February 23, 1989. That letter offered you the opportunity to perform, in lieu of the Department, all necessary work, which to date has not been accomplished. BACKGROUND The Department, on December 15, 1988, received notification from Harvard Realty. Associates that a release of fuel oil had occurred at the site. On February 23, 1989, the Department issued a Notice of Responsibility letter to Mr. Dennis Carey of Harvard Realty. Associates. Lakeville Hospitsl • Routs 105 a Lakeville,Massachusetts 02347 9 FAX(508)947-6557 • Telephone(508)946-2700 -2- The Department has received and reviewed a report titled: "Preliminary Review of Fuel Oil Spill, 64 Harbor Road, Hyannis, Massachusetts", prepared for Mr. Dennis Carey, Harvard Realty Associates, by the BSC Group dated March 21, 1989. This report documents a release of fuel oil at the site and indicates that separate phase petroleum is present in the soil and groundwater and also estimates that 2,500 gallons of fuel oil had been released. This condition (free phase petroleum product on the groundwater) constitutes an imminent hazard because of the potential for significant risk or harm to human health, safety and to the environment that may present itself if the immiscible plume, or the petroleum contaminated groundwater migrates and/or the petroleum vapor phase should enter enclosed inhabited structures; or, the immiscible or dissolved petroleum plume should enter Hyannis harbor (Nantucket Sound) . The Department pursuant to 310 CMR 40.542, received a Short Term Measure proposal prepared and submitted on your behalf by Mason Associates Environmental Services, Inc. , dated March 5, 1991, titled: " PROPOSAL 310 CMR 40.542 SHORT TERM MEASURE (STM) WITHDRAWAL OF LNAPL (12 FUEL OIL) AND REMEDIATION OF PETROLEUM CONTAMINATED GROUNDWATER CASE NUMBER WSC/SA-4-0732 if The STM was designed to prevent the continued or future off- site migration of separate and dissolved-phase petroleum constituents. On April 4, 1991, the Department issued to you correspondence that approved the design of the above mentioned system. Subsequently the Department received a document titled "WSC/SA4- 0732, Addendum to the Short Term Measure Proposal" dated October 25, 1991. This addendum documents the addition of two (2) groundwater monitoring wells on May 24, 1991, and one six (6) inch recovery well (RW-1) on. July 30, 1991. To date, the Short Term Measure approved by the Department on April 4, 1991, has not been installed. The Department is also in receipt of correspondence dated November 12, 1992, from Mr. Carey's latest consultant, Allied Environmental Consultants, documenting a site visit that took place on November 12, 1992. Groundwater levels or product thickness measurements were taken for all wells located at the site. Groundwater monitoring wells B-102 and B-103 could not be found, however, free phase petroleum product was observed and documented in groundwater monitoring wells B-104, B-106, B-202, MW-1, MW-3 and RW-1. i, -3- NECESSARY SITE ACTIONS As a result of your failure to complete the necessary response actions, the Department intends to assign a contractor to implement appropriate response actions, thus incurring costs for which you are liable. The field response actions to be performed by the Department or it's contractors will include all those actions necessary to conduct any Short Term Measures in accordance with 310 CMR 40.542 at the above referenced site. If you now choose to undertake response actions at the site, you will not be permitted to resume or to commence conduction of response actions until and unless: 1. You provide the Department with financial assurance that you possess sufficient resources to complete the activities described above. 2. You provide the Department [within fourteen (14) days of your receipt of this letter] with a copy of a signed contract with a contractor capable of performing the necessary response action. 3 . You must notify the Department, in writing, within fourteen (14) days of your receipt of this letter [See 310 CMR 40. 170(3) ] indicating whether you intend to take the actions outlined above. Be advised that the Department continues to consider you liable under M.G.L. c. 21E for up to three (3) times the amount of all response costs incurred by the Department as well as for applicable fines, penalties, and damages to natural resources. This liability was described in detail in the February 23, 1989, Notice of Responsibility. The Department may now commence legal action, including the filing of a lien against your property, necessary to recover the costs which it incurs in this matter. If you have any questions regarding this matter, please contact Robert Kearns at (508) 946-2865. In any correspondence to this office, please refer to case number WSC/SA-4-0732. I r -4- The Department looks forward to your cooperation in the assessment and remediation of this site. Very truly yours, Richard F. Packard, Acting Chief Emergency Response Section P/RJK/jt CERTIFIED MAIL #P656 841 789 RETURN RECEIPT REQUESTED cc: ' DEP-BWSC - Boston DEP-SERO - Data Entry DEP - OGC - Boston ATTN: Donald Nagle, Esq. Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 ATTN: Tom McKean Hazardous Waste Coordinator Town of Barnstable 367 Main Street Hyannis, MA 02601 ATTN: Warren Rutherford Town Manager Hyannis Fire Department 95 High School Road Ext. Hyannis, MA 02601 ATTN: Chief Chisholm 6 r Ln 02vW17 DANIEL S.GREENBAUM Commissioner GILBERT T.JOLY s r Regional Director t/ URGENT LEGAL MATTER; PROMPT REPLY NECESSARY CERTIFIED MAIL; RETURN RECEIPT REQUESTED January 25, 1991 Harvard Realty Associates RE: BARNSTABLE--WSC-4-0732 17 High School Road 64 Harbor Road, Hyannis, Hyannis, Massachusetts 02601 PRELIMINARY ASSESSMENT/PHASE I REPORT, M.G.L. , Chapter 21E and 31.0 CMR 40. 000 ATTENTION: Mr. Dennis Carey Gentlemen: The Department of Environmental 'Protection, Bureau of Waste Site Cleanup, (the "Department") , has determined that the property at 64 Harbor Road in Hyannis, Massachusetts (the "Site") , is a confirmed disposal site within the meaning of.the Massachusetts Oil and Hazardous Material Release Prevention and.Response..Act (M..G.L. , C. 21E) . The assessment and cleanup of disposal sites is governed by M.G.L. , C. 21E, and by 310 CMR 40. 000, The Massachusetts Contingency Plan (the "MCP") . The Department has confirmed this location as a disposal site on July 24, 1989 . BACKGROUND The Department, on December 15, 1988, received notification from Harvard Realty that a release of fuel oil had occurred at the site. On February 23, 1989, the Department issued to Mr. Dennis Carey a Notice of Responsibility letter. Please be advised that the Department continues to consider you, as owner of the property located at 64 Harbor Road, Hyannis, Massachusetts, liable for the release under M.G.L. , Chapter 21E, Section 5. The Department is in receipt of and has reviewed correspondence titled "Preliminary Review of Fuel Oil Spill, 64 Harbor Road, Hyannis, Massachusetts" , prepared for Mr. Dennis Carey, Harvard Realty, dated March 21, 1989. The report documents that a release of fuel oil had occurred at the site and indicates that volatile organic compounds (VOC's) are present in the soil and groundwaterlabove Massachusetts standards. Two monitoring wells were installed on the property. The report estimates that 2 ,500 gallons of fuel oil had been released and recommends that '; Recycled Paper �1 -2- additional monitoring wells be installed and groundwater flow direction be determined. f On January 3 , 1991, a Department representative conducted a site investigation and observed additional monitoring wells had been installed at the site. The Department has received no additional data on the site since March 21, 1989 . DETERMINATIONS The Department has made the following determinations: 1. The site had been classified as a non-priority disposal site. 2 . Not enough information is available at this time to justify that classification. NECESSARY SITE ACTIONS The Department has determined that the following actions are necessary at the Site: 1. Continue to contract with a consultant knowledgeable in the area of hydrogeological investigation and hazardous waste site assessment and remediation to conduct and submit to the Department within thirty (30) days of receipt hereof the following work representative of. the present site conditions: a. Complete the Phase I - Limited Site Investigation as outlined in Section 40. 543 of the MCP, sufficient to classify the site (classification form enclosed) . The Phase 1 Report documenting all Phase I activities shall be prepared and submitted to the Department. within thirty (30) days of your receipt of this letter. b. The consultant shall fill out completely and return to this office an Interim Site Classification form and a Preliminary Assessment Report (copy enclosed) meeting the requirements of the MCP, within thirty (30) days of your receipt of this letter; You and your agents must continue to evaluate the need for a Short Term Measure (STM) as defined in 310 CMR 40. 542 , and notify the Department immediately if an "imminent hazard" exists at the Site. You must submit a proposal to perform the STM if one is deemed necessary. No STM may be commenced without prior Department approval. This evaluation must continue throughout the assessment process for this Site. C.� -3- Depending on the outcome of the necessary site action(s) listed above, the Department may require additional investigations, studies and actions. The Department encourages PRPs to take response actions at sites. By taking the necessary response actions, you can avoid liability .for costs incurred by the Department' s contractors in performing these actions. If you do not take the necessary response actions, or fail to perform them in an appropriate or timely manner, the . Department is authorized by M.G.L. , C. 21E to have the work performed by its contractor. Your liability was described in detail in the February 23 , 1989, Notice of Responsibility letter. Regardless of who performs the necessary work at the site, you may be liable for all of the Department's response action costs. Response action costs include the cost of direct hours for work performed by Department employees in overseeing or arranging for response actions, any expenses incurred by the Department in support of those direct hours, as well as payments to the Department's contractors (' for more detail see the cost recovery regulations at 310 CMR 40. 600 et sea. ) . The Department requires a written response within fourteen (14) days of your receipt of this letter indicating whether you intend to take the actions outlined above. If you have any questions regarding this . matter, please contact Robert Kearns at (508) 946-2853 . In any correspondence to, this office, please refer to case number WSC/SA-4-0732 . . The - Department looks forward to your cooperation in the assessment of the site. Very truly yours, Mark egl ey,, Chief Site Remediation Section B\RJK\re Enclosures - CERTIFIED MAIL #P253 153 000 RETURN RECEIPT REQUESTED cc: DEP - BWSC - Boston -4- cc: DEP - DATA ENTRY - SERO Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 ATTN: Tom McKean, Hazardous Waste Coordinator Town of Barnstable 367 Main Street , Hyannis, 9MA 02601 ATTN: Warren Rutherford, Town Manager Hyannis Fire Department 95 High School Road Ext. Hyannis, MA 02601 . ATTN: Chief Chisholm �a;c�ct�sirse D���ice o�� �aG���ari�6 1 --//e�uzr�aaPi�tL`oD�� Ja4�,�`ec�ion 023 7 DANIEL S.GREENBAUM Commissioner GILBERT T.JOLY opy c(� Regional Director April 4, 1991 Harvard Realty Associates RE: BARNSTABLE--WSC/SA-4-0732 17 High School Road 64 Harbor Road, Hyannis, Hyannis, Massachusetts 02601 SHORT TERM MEASURE APPROVAL M.G.L. , Chapter 21E and 310 CMR 40. 000 ATTENTION: Mr. Dennis Carey " Gentlemen: The Department of Environmental Protection, Bureau of Waste Site Cleanup, (hereinafter the "Department") pursuant to 310 CMR 40. 542 , received a Short Term Measure (STM) proposal prepared and submitted on your behalf by Mason Associates Environmental Services, Inc. , dated March 5, 1991 titled: " PROPOSAL 310 CMR 40.542 SHORT TERM MEASURE (STM) WITHDRAWAL OF LNAPL (#2 FUEL OIL) AND REMEDIATION OF PETROLEUM CONTAMINATED GROUNDWATER CASE NUMBER WSC/SA-4-0732 " The STM has been designed to prevent the continued or future off-site migration of separate and dissolved-phase petroleum constituents at concentrations exceeding state drinking water standards and guidelines. Mason Associates Environmental Services, Inc. , your consultant, has proposed remedial measures that include the installation of a six (6) inch recovery well. Contaminated ground water will be pumped from the well to create a cone of depression using a Clean Environment Engineers, Inc. , SOS Auto pump. The contaminated groundwater will be treated by passing through activated carbon canisters and discharged into the Town of Barnstable sewer hookup on-site. Free product will be collected in the cone of depression and removed-from the well utilizing a Clean Environment Engineers, Inc. , SOS Deep Well Product Pump Recovery System. The recovered product will be conveyed to DOT approved, 17H, 55 gallon steel drums for containment until disposal by a Massachusetts hazardous waste transporter. In addition, two (2) monitoring wells will be installed. Recycled Paper t 4 1 I (2) i The STM is hereby approved with the following conditions: 1. The approval .of the STM will not be interpreted as an approval of the Phase III - Final Remedial Response Plan as noted in 310 CMR 40.546. 2 . All applicable Federal, State and local permits necessary to operate the system shall be obtained or applied for. 3 . Notify the Department in advance of each field action to ensure the Department has an opportunity to inspect the work in progress. . 4. Monthly progress reports relative to the installation, completion and operation of the STM shall be submitted to the Department with the first report due within thirty (30) days of receipt of this letter. 5. The Department requires a written response within fourteen (14) days of your receipt of this letter, indicating whether you intend to take the actions outlined above. The Department may impose additional requirements based on specific conditions at the site. Cessation of treatment efforts must be authorized by the Department. Furthermore, the consultant shall evaluate the need for additional STM's as defined in 40. 542 of the MCP, throughout the assessment process for the site. Should you have any questions regarding this letter, you may contact Mr. Robert Kearns at (508) 946-2853 referring to file number WSC/SA 4-0732 . Your continued cooperation in this matter is appreciated. VerLi y E, Robert E. Donovan, Regiona D/RJK/rr Engineer for Waste Site Cleanup CERTIFIED MAIL #P840 475 558 RETURN RECEIPT REQUESTED cc: DEP .- BWSC - Boston BWSC - SERO - Data Entry I r' (3) cc: Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 ATTN: Tom McKean, Hazardous Waste Coordinator Town of. Barnstable 367 Main Street Hyannis, MA 02601 , ATTN: Warren Rutherford, Town Manager Hyannis Fire Department 95 High School Road Ext. Hyannis, MA 02601 ATTN: Chief Chisholm Mason Associates Environmental Services, Inc P.O. Box 450 11 Commerce Park Road Pocasset, MA 02559 ATTN: Brett Muscatiello I r r i J 14el Q Daniel S.Greenbaum Commissioner Gilbert T.Di � 0,M47 Regional Directorector COTT February 23 , 1989 Dennis Carey RE: BARNSTABLE--OIR/ERB-SE-88-807 Harvard Realty 64 Harbor Road, Hyannis, 4766 Route 28 NOTICE OF RESPONSIBILITY, Cotuit, Massachusetts 02635 M.G.L. , Chapter 21E and 310 CMR 40.000 (Massachusetts Contingency Plan) Dear Mr. Carey: The Department of Environmental Quality Engineering, on December 15, 1988 , received notification from Harvard Realty that a release of #2 fuel oil had occurred at the above referenced location. On December 15 , 1988 , a Department representative conducted a site investigation and observed fuel oil staining on the basement floor - and an odor of fuel oil that permeated the basement. These conditions constitute a release of oil or hazardous material at or from the site. The prevention and/or mitigation of such a release is governed by M.G.L. , Chapter 21E, the "Massachusetts Oil and Hazardous Material Release, Prevention and Response Act, " and 310 CMR 40 .000 , "Massachusetts Contingency Plan" (MCP) . On January 6 , 1988 , at approximately 9:OOA.M. , a Department representative verbally notified Mr. Jerry L. Susong of Mr. Carey' s responsibility for the release and gave him a synopsis of the Massachusetts General Laws , Cha�rer 21E. He accepted responsibility on behalf of Mr. Dennis Carey at that time. This letter is to inform you that: 1. Based on information available to the Department of Environmental Quality Engineering, the Department has reason to believe that Mr. Dennis Carey is a responsible party witli liability under M.G.L. , Chapter 21E, Section 5 (a) (1) . The nature of this liability is joint and several without regard to fault; and 2 _ 2. The Department is authorized, pursuant to M.G.L. , Chapter 21E, Section 4, and 310 CMR 40.171 , MCP, to arrange for or to take actions which it deems necessary to respond to the release should you fail to perform response actions in an appropriate and timely manner. Your liability noted in one (1) above may include: a. Administrative costs incurred by the Department in handling this matter (in simple spill cases , administrative costs incurred by the Department prior to formal legal action are at least $1, 000) ; b. Interest charges on the total liability at the statutory rate of 12% compounded annually; C. Treble costs (i.e. , three (3) times the total amount of response costs the Department incurs) ; and d. All damages for the injury, destruction or loss of natural resources due to the release. The liability :constitutes a debt to the Commonwealth. The debt, together with interest, creates a lien on all of your property in the Commonwealth. In addition to the foreclosure remedy provided by the lien, the Attorney General of the Commonwealth may recover that debt or any part of it in an action against you. You may also be liable under M.G.L. , Chapter 21E, Section 11, for up to $100, 000 in fines or penalties for each violation of Chapter 21E as well as for additional penalties or damages pursuant to other statutes or common law. The Department requires a written response within fourteen (14) days of your receipt of this letter indicating whether you intend to take the necessary response actions in lieu of the Department. The Department also requires that you contract with a consultant knowledgeable in the area of hydrogeological investigation and uncontrolled hazardous waste site assessment and abatement. The consultant must submit to, the Department a Phase I Limited Site Investigation Report and a Preliminary Assessment Report form (copy attached) which must be completed and returned with the Phase I site investigation report within sixty (60) days of your receipt of this letter. Please refer to 310 CMR 40.000, MCP for guidance on the purpose and scope of Phase I activities , a synopsis of which is attached for immediate reference. . If the Department does not hear from you within the times specified above, or if persons acting in your behalf fail to act within the prescribed times, the Department will commence response actions and expect to recover from you to the extent of liability set forth above. - 3 - Please direct all correspondence and questions to Robert Kearns referring to DEQE Site #SE-88-807 . Very truly yours, Theodore J. aeg J ,:, -Chief Emergency R ponseG8ec ion K/RJK/kd Enclosure CERTIFIED MAIL #P806655089 RETURN RECEIPT REQUESTED cc: OIR - Boston ATTN: Frank Sciannameo Barnstable Board of Health 397 Main St. Hyannis, MA 02601 Barnstable Board of Selectmen 397 Main St. Hyannis , MA 02601 Hyannis Fire Chief 95 High School Road Ext. Hyannis, MA 02601 ATTN: Chief Farrenkopf Mr. Gerry Susong jl 76 West Main St. f Suite 306 J Hyannis , MA 02601 I TOWN OF BARNSTABLE OFFICE OF sas "aU MALL BOARD OF HEALTH .� M 00�1U 367 MAIN STREET�MA'S�` HYANNIS, MASS. o26o1 April 3 , ,1989 Ms . Virginia Faye Department of Marine Fisheries 18 Route 6A Sandwich, MA 02563 Dear Ms . Faye : The Town of Barnstable Fire Department and Health Department were notified on December 14, 1988 of a #2 fuel oil spill (estimated 1000 -1500 gallons) in the basement of 64 Harbor Road, Hyannis in which you were a tenant . The dwelling was deemed unfit for human habitation due to the presence of vapors from petroleum hydrocarbons (per letter to you dated March 27 , 1989) . The dwelling should have been deemed unfit for habitation on December 14, 1988 however, the Town of Barnstable Health Department was unaware at the time that any occupants were living in the house . The dwelling shall remain vacated until such time the hydrocarbons are removed, and' the dwelling is reinspected by the Health Department and approved for re-occupancy . Sin . rely yours Thomas A. McKean Director of Public Health ��PyoFTHE ro�♦o� TOWN OF BARNSTABLE OFFICE OF MAIL _ >lsaA81 BOARD OF HEALTH M �00 1639.0 JulI► 367 MAIN STREET `f�'� HYANNIS, MASS. 02601 April 3 , .1989 Ms . Virginia Faye Department of Marine Fisheries 18 Route 6A Sandwich, MA 02563 Dear Ms . Faye : The Town of Barnstable Fire Department and Health Department were notified on December 14, 1988 of a #2 fuel oil spill (estimated 1000 -1500 gallons) in the basement of 64 Harbor Road, Hyannis in which you were a tenant . The dwelling was deemed unfit for human habitation due to the presence of vapors from petroleum hydrocarbons (per letter to you dated March 27 , 1989) . The dwelling should have been deemed unfit for habitation on December 14, 1988 however, - the Town of Barnstable Health Department was unaware at the time that any occupants were living in the house. The dwelling shall remain vacated until such time the hydrocarbons are removed, and' the dwelling is reinspected by the Health Department and approved for re-occupancy. Sin . rely yours l Thomas A. McKean Director' of Public Health oFTHE To TOWN OF BARNSTABLE , � w OFFICE OF BsaAM N BOARD OF HEALTH M�. 1639 `j� 337 MAIN STREET HYANNIS, MASS. 02601 April 3 , 1989 Ms . Virginia Faye Department of Marine Fisheries 18 Route 6A Sandwich, MA 02563 Dear Ms . Faye : The Town of Barnstable Fire Department and Health Department were notified on December 14, 1988 of a #2 fueI oil spill (estimated 1000 -1500 gallons) in -the basement of 64 Harbor Road, Hyannis. in which you were a tenant. The dwelling was deemed unfit for human habitation due to the presence of vapors from petroleum hydrocarbons (per letter to you dated March 27 , 1989) . The dwelling should have been deemed unfit for habitation on December 14, 1988 however, the Town of Barnstable Health Department was unaware at the time that any occupants were living in the house . The dwelling shall remain vacated until such time the hydrocarbons are removed, and' the dwelling is reinspected by the Health Department and approved for re-occupancy . Sin . rely yours Thomas A. McKean Director of Public Health �P",*THETo�y TOWN OF BARNSTABLE OFFICE OF Baas MM& s BOARD OF HEALTH 6. 'oo 039. �MAY 367 MAIN STREET � �� H`.'ANNIS, MASS. 02601 March 27 , 1989 Mr. Dennis Carey P. O. Box 1 Hyannis Port, MA 02647 ORDER iv iACi:'u niIL SECURE THE DWELLING AT 64 HARBOR ROAD, HYANNIS DUE TO THE EXISTENCE OF EMERGENCY CONDITIONS WHICH MAY ENDANGER THE HEALTH AND SAFETY OF THE OCCUPANTS The property owned by you located at 64 Harbor Road, Hyannis was inspected by Donna Miorandi, Health Inspector for the Town of Barnstable and Chief Richard Farrenkopf of the Hyannis Fire Department due to a complaint of noxious odors , poor air quality and resultant headaches . The Town of Barnstable Health Department and the Hyannis Fire Department determined that the premises is currently unfit for human habitation due to the presence of vapors from petroleum hydrocarbons in the building as the result of a leaking #2 fuel oil tank .in the basement You.. are hereby diret:ted to vacate and secure the dwelling upon receipt of tr•.is notice. You are also required to remove the hydrocarbons from the air . and groundwater at the site prior to requesting permission, in writing, to re- occupy the dwelling. You may request a hearing before the Board of Health if written petition requesting same is received with seven (7 ) days of receipt of this notice . The conditions which exist may permit the occupant of the dwelling to exercise one or more statutory remedies . Failure to comply with an order could result in a fine of not more that $500 . Each separate day's failure to comply with an order shall constitute a separate violation. PER ORDER OF LTE OARD OF HEALTH /mi Thomas A McKean Director of Public Health cc : Chief Richard Farrenkopf, Hyannis Fire Department Virginia Fay, tenant of 64 Harbor Road, Hyannis ' Robert Kearns , DEQE, Lakeville �Py0F7He3"o�y TOWII OF BARNSTABLE ti ...M OFFICE OF De Wket BOARD OF HEALTH �39• '01t MpY k. 367 MAIN STREET HYANNIS, MASS. 02601 March 27, 1989 Mr. Dennis Carey P.O. Box` l Hyannis Port, MA 02647 ORDER '•"L� VACATE -"_I:n S ;;Hl"r; THE llWELLING AT 64 HARBOR ROAD, HYANNIS DUE TO THE EXISTENCE OF EMERGENCY CONDITIONS WHICH MAY ENDANGER TIIE HEALTH AND SAFETY OF THE OCCUPANTS The property owned by you located at 64 Harbor Road, Hyannis was inspected by Donna Miorandi, Health Inspector for the Town of Barnstable and Chief Richard Farrenkopf of the Hyannis Fire Department due to a complaint of noxious odors , poor air quality and resultant headaches . The Town of Barnstable Health Department and the Hyannis Fire Department determined that the premises is currently unfit for human habitation due to the presence of vapors from petroleum hydrocarbons in the building as the result of a leaking #2 fuel oil tank in the basement . You. are hereby directed to vacate and secure the dwelling upon receipt of this notice. You are also required to remove the hydrocarbons from the air . and groundwater at the site prior to requesting; permission, in writing, to re- occupy the dwelling. You may request a hearing before the Board of Health if written petition requesting same is received with seven (7) days of receipt of this notice. The conditions which exist may permit the occupant of the dwelling to exercise one or more statutory remedies . Failure to comply with an order could result in a fine of not more that $500 . Each separate day's failure to comply with an order shall constitute a separate violation. PER ORDER OF TIE BOARD OF HEALTH Thomas A McKean Director of Public Health cc: Chief Richard Farrenkopf, Hyannis Fire Department Virginia Fay, tenant of 64 Harbor Road, Hyannis o Robert Kearns , DEQE, Lakeville � : �. r p�oFTespo�y TOWN OF BARNSTABLE OFFICE OF 1 nemTgT.� BOARD OF HEALTH s �MAss. �� t639 367 MAIN STREET HYANNIS, MASS. 02601 March 27, 1989 Mr. Dennis Carey P.O. Box` 1 Hyannis Port, MA 02647 ORDER Tv :AGATE A:;; SrsVURL THE DWELLING AT 64 HARBOR ROAD, HYANNIS DUE TO THE EXISTENCE OF EMERGENCY CONDITIONS WHICH MAY ENDANGER THE HEALTH AND SAFETY OF THE OCCUPANTS The property owned by you located at 64 Harbor Road, Hyannis was inspected by Donna Miorandi, Health Inspector for the Town of Barnstable and Chief Richard Farrenkopf of the Hyannis Fire Department due to a complaint of noxious odors, poor air quality and resultant headaches . The Town of Barnstable Health Department and the Hyannis Fire Department determined that the premises is currently unfit for human habitation due to the presence of vapors from petroleum hydrocarbons in the building as the result of a leaking #2 fuel oil tank in the basement You, are hereby directed to vacate -and secure the dwelling upon receipt of this notice. You are also required to remove the hydrocarbons from the air . and groundwater at the site prior to requesting permission, in writing, to re- occupy the dwelling. You may request a hearing before the Board of Health if written petition requesting same is received with seven (7) days of receipt of this notice. The conditions which exist may permit the occupant of the dwelling to exercise one or more statutory remedies . Failure to comply with an order could result in a fine of not more that $500 . Each separate day's failure to comply with an order shall constitute a oeparate violation. PER ORDER OF T E BOARD OF HEALTH Th mas A McKean Director of Public Health cc: Chief Richard Farrenkopf, Hyannis Fire Department Virginia Fay, tenant of 64 Harbor Road, Hyannis lo0 Robert Kearns, DEQE, Lakeville �� Q� �YA�iU Mason Associates ' Environmental Services, Inc. P.O.Box 450 • 11 Commerce Park Road • Pocasset,MA 02559 (508)564-6607 • 1-800-834-2330 • FAX 508-564-6610 1 : PROPOSAL 310 CMR 40.542 SHORT TERM MEASURE (STM) WITHDRAWAL OF LNAPL (#2 FOEL OIL) AND REMBDIATION ' . OF PETROLEUM CONTAMINATED GROUNDWATER MASSACHUSETTS DEPARTMENT .OF ENVIRONMENTAL PROTECTION (DEP) ' CASE NUMBER WSC/SA-4-0732 64 HARBOR ROAD HYANNIS, MASSACHUSETTS ' SUBMITTED TO: MR. ROBERT IU ARNS ' MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE LAKEVILLEs, MASSACHUSETTS t SUBMITTED FOR: ' MR. DENNIS CAREY — HARVARD REALTY ASSOCIATES 17 HIGH SCHOOL ROAD ' HYANNIS, MASSACHUSETTS ' SUBMITTED BY: MASON ASSOCIATES ENVIRONMENTAL SERVICES, INC. ' P.O. BOX 450 POCASSET, MASSACHUSETTS ' MARCH 5, 1991 ry ' Environmental Services • Tank Services • 21 E Site Assessments Site Remediation MASON ASSOCIATES ENVIROMMUITAL SERVICES, INC. TABLE OF CONTENTS PAGE 1.00 Purpose 1 ' 2.00 Background 9 1 ' 3.00 Nature of Imminent Hazard 2 4 .00 Description of Proposed Short Term Measure 4 ' 5.00 Recovery System Specifications 6 5. 10 Recovery Well 6 ' 5.20 Down-Well Equipment 8 ' 5.30 Product Containment 8 5.40 Granular Activated Carbob Adsorption System 8 r5.50 Discharge System 9 6.00 Aquifer Parameters 9 6. 10 Pre-Treatment Analyses 9 ' 6.20 Subsurface Sediments 10 6.30 Hydraulic Conductivity (K) 10 t7.00 Proposed Monitoring of STM Effectiveness 11 8.00 Timetable 12 ' 9.00 Site Health and Safety Plan 13 ' 9. 10 Site Safety Procedures 13 MASON ASSOCIATES ENVI TAL SERVICES, INC. PAGE 1 ' 1.00 PURPOSE ' Pursuant to the request of the potential responsible party (PRP) , Mason Associates Environmental Services, Inc. (M.A.E.S. Inc. ) has been retained to address necessary site actions as defined by the ' Massachusetts Contingency Plan (310 CMR 40.000) and Massachusetts General Law Chapter 21E, and, as outlined in the Department's correspondence to the PRP dated on January 25, 1991. 1 On February 13, 1991 a Mason Associates Environmental Services,. ' Inc . personnel visited the subject site to determine an appropriate course of action pursuant to the guidelines set forth in the Massachusetts Contingency Plan (MCP ) . This initial evaluation of the subject site has identified the presence of a Light Non-Aqueous Phase Liquid (LNAPL) , #2 fuel oil, on . the groundwater table in two of the existing on-site groundwater monitoring wells. The continued or future migration of this free ' phase "floating product" has been defined as an Imminent Hazard pursuant to 310 CMR 40.542 (f) and DEP Policy #WSC-130-90 (5.0) by posing a significant or otherwise unacceptable risk to human health, safety, public welfare and the environment . Such a condition . at a confirmed disposal site requires an immediate response action in the form of a Short Term Measure (STM) . t The submittal of this proposal is to gain Department approval, pursuant to 310 CMR- 40 .542 (3a) , to abate, prevent or eliminate the Imminent Hazard currently existing at the referenced disposal site. The proposed STM will serve to remove the LNAPL from the groundwater table and to remediate petroleum contaminated groundwater, and, will conform with the guidelines set forth in 310 CMR 40 .542, and, Department Policy #WSC-130-90 (Short Term Measure Policy) . 2.00 BACKGROUND At the request of the PRP, Mr. Dennis Carey, and pursuant to the ' requirements of the 310 CMR 40 .542 ( 3 ) , on February 13, 1991 Mason Associates Environmental Services , Inc . notified the assigned department case officer, Mr. Robert Kearns, of the ' existence of an Imminent Hazard at the subject site. d I, MASON ASSOCIATES ENVI A . SERVICES, INC. PAGE 2 The subject site is approximately .34 acres and is referenced as parcel 172-1 on the town of Barnstable, Massachusetts Assessors ' Map 306. Extant at this site is a two story wooden residence and a one story wooden garage. This site is located in a residential section of Hyannis , Massachusetts . The residence has three apartments and only the top floor apartment is currently ' occupied. The Barnstable Board of Health ordered the PRP not occupy the bottom two apartments due to their close proximity to the release area. The Department received notification of a release at the site from the PRP on December 15, 1988. The noted release area was in the basement of. the dwelling and occurred as a result of ruptured ' feed and return lines from the 275 gallon #2 fuel oil storage tank used for consumptive use on premises. The feed and return lines were located under the existing concrete floor of the ' basement. A Notice Of Responsibility (NOR) was originally issued to the PRP on February 23, 1989, and the Department listed this location as a Confirmed Disposal Site on July 24, 1989. ' Based upon available data from the fuel oil delivery company, annual consumptive use of #2 fuel oil at the subject site increased approximately 1,800 gallons for the period of January ' 1, 1988 through December 31, 1988. The noted increase is based upon the following delivery figures: January 1, 1986 - December 31, 1986 2,038.3 gallons delivered January 1,. 1987 - December 31, 1987 2,014 gallons delivered January 1, 1988 - December 31, 1988 3,878. 1 gallons delivered The Department has received and reviewed correspondence relative to the subject site prepared by the BSC Group - Cape Cod, Inc. dated March 21 , 1989 . In addition , the PRP received correspondence from The BSC Group dated October 4 , 1989 ( see enclosed) . This correspondence identifies a LNAPL in monitoring wells MW1 and B-106. I 3.00 NATURE OF THE ItWINEN7 HAZARD ' An initial evaluation of eleven groundwater monitoring wells i MASON ASSOCIATES ENVIROMMrrAL SERVICES, INC. PAGE 3 ' previously installed at the subject site shows #2 fuel oil in MW1 and B-106. Product thickness in the two impacted monitoring wells were measured utilizing a KECK/KIR Model #KIR-89 Interface Probe. ' Initial product thickness level in MW-1 indicated a . 21 ' ( ft) LNAPL sitting on the groundwater table . Initial product thickness level in B-106 inidcated a .20 ' (ft) LNAPL sitting on ` ' the groundwater table. To assure that LNAPL encountered in MW-1 and B- 106 was ' representative of actual conditions in the impacted area, Mason Associates Environmental Services , Inc . personnel monitored product recharge into MW-1 and B-106 for three consecutive days. This monitoring was accomplished by: ( 1 ) measuring and recording the initial amount of product ' encountered in each of the impacted wells; ( 2 ) bailing the impacted wells until the immiscible phase present had been depleted, and, ( 3 ) allowing a one hour recharge interval and ' remeasuring the amount of product recharge into the impacted wells. Product thicknesses in the impacted wells were recorded in hundredths of a foot. Liquid bailed from the impacted wells during the monitoring period has been contained on-site in DOT approved 17H , 55 gallon steel drums . The temporary EPA ' identification number assigned to the generated waste is MAP 000057984 . Recharge data collected during the three day monitoring period is presented in Table 1 below. tTABLE 1 DATE MW-li* L MW-lf* % RECHARGE B-106i B-106f % RECHARGE 2/19/91 .29 / . 16 55% . 12 / . 12 . 100% 2/20/91 .40 / .35 87% .20 / .20 100% 2/21/91 .58 / .40 69% .25 / . 19 76% *i = initial LNAPL thickness f* = final LNAPL thickness i 1 1 1 MASON ASSOCIATES ENVI SERVICES, INC. PAGE 4 Current uses of the subject and surrounding sites do not offer any potential for human contact or exposure to the noted release. ' As noted earlier the two apartments located directly above the release area have remained unoccupied. There are no known private or public drinking water supplies within a one-half mile radius of the subject site . Hyannis harbor is located approximately 1,000 south of the site in a presumed downgradient location based upon an initial review of available USGS information. There are no wetlands or other sensitive ecosystems or habitats at, or abutting, the subject site. The potential for significant risk or harm to human health, safety, welfare or to the environment will present itself at such a time when the immiscible phase plume , or, the petroleum contaminated groundwater migrates a significant distance downgradient of the subject site to allow: ( 1) a petroleum vapor phase to enter enclosed inhabited structures . ( residential foundations and basements) ; (2) an LNAPL to intercept underground municipal or private utility conduits, roadway catch-basins, dry ' wells , leaching facilities , or other drainage waste water structures; or, (3) an immiscible or dissolved petroleum phase to enter Hyannis harbor (Nantucket Sound) . ' The waters of Nantucket Sound are classified by the Departments Division of Water Pollution Control as Class SA waters , designated for the protection of, and propagation of fish, other ' aquatic wildlife, for primary and secondary contact recreation, and, for shellfish harvesting without depuration in approved areas. 4.00 DESCRIPTION OF PROPOSED SHORT TER![ MEASURE ' Mason Associates Environmental Services, Inc. proposes to pump petroleum contaminated groundwater from a 6 inch recovery well at the subject site in order to: ( 1 ) convey the contaminated ' groundwater to an activated carbon adsorption system for remediation and eventual return to the groundwater, and, (2 ) to create a cone of depression to induce LNAPL ( #2 fuel oil) to ' collect in the area of the recovery well for removal from the groundwater table. 1 MASON ASSOCIATES ENVIROHKKNTAL SERVICES, INC. PAGE 5 1 This groundwater pumping will be accomplished utilizing a down well SOS Auto Pump manufactured by Clean Environment Engineers, ' Inc. of Emeryville, California. This SOS Auto Pump is expected to pump between 5 to 7 gallons of water per minute and create a cone of depression within the recovery well of between 6 and 12 inches. Groundwater pumped with the SOS Auto Pump will be conveyed to a Carbtrol Corporation activated carbon adsorption system. Based ' upon available site specific groundwater TPH and VOC values and a 10 gallon per minute maximum pumping rate, this system is expected to remove 99 % of the VOC components from the groundwater. 1 Mason Associates Environmental Services, Inc. also proposes to withdraw a LNAPL (42 fuel oil ) from the recovery well by ' utilizing a Clean Environment Engineers SOS Deep Well Product Recovery System. This system includes a Deep Well Product Pump and a Specific Gravity Skimmer. Recovered LNAPL will be conveyed ' to DOT approved, 17H, 55 gallon steel drums for containment until removal from the site by a Massachusetts licensed hazardous waste hauler. The 6 inch recovery well shall be located in a downgradient location from the release point. Mason Associates Environmental Services , Inc . shall use the 11 existing on-site goundwater monitoring wells for delineation of the contaminated groundwater ' plume in order to best place the recovery well in a position to intercept an immiscible phase petroleum plume migrating across . ' the subject site. The 6 inch recovery well will be flush mounted at grade level, and, protected with a concrete, precast manway with a locking steel cover. Prior to groundwater remediation and product recovery the existing impacted groundwater monitoring wells will be analyzed for Total Petroleum Hydrocarbons, EPA method 418. 1 in order to ' better define the contaminated plume. If addition, two additional t groundwater monitoring wells will be installed a a distance of approximately 15 feet on either side of the 6 inch recovery well. These wells will be used to for further delineation of the ' contaminated plume, additional characterization of subsurface sediments, formation hydraulic conductivity, and, for monitoring 1 MASON ASSOCIATES ENVI SERVICES, INC. PAGE 6 of groundwater quality to assess if treatment objectives are being meet. Access to the impacted area is currently restricted by fencing. The activated carbon adsorption equipment, the logic control apparatus for operating the recovery system, and the recovered ' fuel oil containment equipment will be located in the basement of the subject site. The basement will be locked at all times and access will be available to properly designated personnel only. 5.00 RECOVERY SYSTEM SPECIFICATIONS Based upon review of available preconstruction analyses data, the anticipated extent of contamination, and, site specific access considerations, Mason Associates Environmental services, Inc. will complete a detailed, engineering plan for the construction ' of the 6 inch recovery well with the downwell Deep Well Product Pump and Specific Gravity Skimmer, and the SOS Auto Pump. These plans will also include Carbtrol 's granular activated carbon adsorption system and the meanslof discharge of the treated groundwater. The design layout will show all components of the recovery system and will include all air water and product .' conduits, if applicable, from the recovery well to the product containment location , and, from the recovery well to the activated carbon adsorption system, and, from the adsorption system to the groundwater discharge location. 5.10 RECOVERY WELL The following evidence shall be provided for the materials used in the recovery well construction: 1. type, grade and quality of the materials 2. quantity of the materials; and, 3. method of decontamination. 1 MASON ASSOCIATES ENVIROMMUMAL SERVICES, INC. PAGE 7 �r ' All joints on casing and the well screen shall be threaded flush joints. ' Teflon tape is the only thread sealing material that will be used in well construction . Well construction materials shall be schedule 40, polyvinyl chloride (PVC) . Well screen slot size shall be .010 inch. The filter pack shall be analyte-free,, inert, well rounded, and ' uniform in size (quartz sand) . The filter pack shall be properly sized for the aquifer matrix to reduce settleable solids. The . recovery well screen shall be surrounded by the filter pack to a point 2 feet above the top of the well screen. ' Annular seals shall be bentonite above the filter pack and shall be a minimum of 2 feet in thickness to prevent water movement ' through the well risers/boring annular space. In addition, a cement/bentonite grout shall be placed from the top of the bentonite seal to the average annual frost line, and concrete from the anticipated frost line, to the bottom of the concrete extension ring. Granular/flake bentonite shall be used on shallow or unsaturated conditions, and pelletized bentonite shall be utilized on deep or saturated conditions. Potable water shall be ' used in all bentonite, bentonite/grout mixtures. A 2 foot high by 2 foot diameter, precast, protective concrete extension ring shall be placed over the well casing and cemented into the ground. This ring shall be flush with the ground and have a locking steel cover to protect the well from unauthorized access. As built drawings shall be completed, and, all technical information shall be recorded on Boring Logs. rRepresentative samples of all materials encountered in monitoring well construction (including water) shall be archived. ' The two 2 inch test boring/monitoring wells shall be constructed as per the same specifications as the 6 inch recovery well with the following exceptions: the wells shall be finished with a ' flush mounted 4 inch roadbox; these wells shall be back-filled with natural material from the. bentonite seal located above the filter pack to the anticipated frost line, and cement from the ' anticipated frost line to the flush mounted roadbox. 1 r i MASON ASSOCIATES ENVIRONMENTAL SERVICES, INC. PAGE 8 5.20 DOWN-WELL EQUIPMENT ' The down-well equipment consists of the SOS Deep Well Product Recovery Pump, the SOS Specific Gravity Skimmer, the SOS Auto Pump, the group of ,intermediate hoses between the product pump ' and skimmer, the group of hoses between the Auto Pump and control box and between the Auto Pump and Carbtrol System, and, the pump to skimmer safety chain and the support chain for the Auto Pump. ' Individual component descriptions are detailed in the Clean Environment Engineer's basic operations manual. (sxee enclosed) 5.30 PRODUCT CONTAI 14ENT The #2 fuel oil recovered from the specific gravity skimmer shall be conveyed via a 1/4 inch (black) hose to DOT approved, 17H, 5.5 ' gallon steel drums with a connected float switch. The recovery system will shut down when the float switch is activated in order to prevent over-filling of the containment vessel . The containment area (basement) shall be secured against unauthorized ' entry at all times and access shall be granted to authorized personnel only. ' Containment vessels will be surrounded by 4 inch petroleum absorbing booms. Additional booms . and absorbing pads, as well as additional DOT approved, 17h 55 gallon steel drums will also be available on-site at all times. 5.40 GRANULAR ACTIVATED CARBON ADSORPTION SYSTEM Groundwater from the SOS Auto Pump will be conveyed from the ' recovery well by a 3/4 inch (blue) hose and run to two, DOT approved, 55 gallon steel drums, each containing 200 pounds of virgin, granular, activated carbon. These vessels are to be connected in series. Influent will enter the first vessel from the to ass through P, P g t MASON ASSOCIATES ENVI SERVICES, INC. PAGE 9 the granular activated carbon to the bottom of the vessel where it will be picked up by an exit line. .The treated water the exits the first vessel from the top and is conveyed to the second vessel. Influent as well as effluent, at each vessel, may be collected for analysis as needed. 5.50 DISCHARGE SYSTEM ' Treated effluent will be discharge into a town of Barnstable sewer hookup on-site. The treated effluent will be conveyed from the exit point of the activated carbon adsorption system into the ' sewer system. ' 6.00 AQUIFER PARAMETERS 6.10 PRE-TREATMENT ANALYSES Mason Associates Environmental Services, Inc. has reviewed the ' available analytical data relevant to the subject site. Due to the uncertain nature of the migratory processes , and, the uncertain nature of the aquifer homogeneity, Mason Associates Environmental Services , Inc . proposes the installation of a minimum of two additional test boring/groundwater monitoring wells. These additional boring/monitoring wells will be placed in a location downgradient from the release area in order to further delineate the contaminate plume for optimum recovery well placement, to describe subsurface deposits, to provide access for in-situ slug testing, and, to facilitate future groundwater ' sampling. During the boring operations, Jar Headspace Analyses pursuant to ' Department Policy #WSC-400-89, will be performed on soil samples collected at 5 foot intervals or change in strata. At the water interface/fluctuation zone, continuous split spoon sampling will be performed . Soils retrieved from the sampling will be ' physically characterized and logged by a field professional in accordance with standard industry procedures. 1 ' MASON ASSOCIATES ENVIROMOMTAL SERVICES, INC. PAGE 10 ' Soil boring logs from the test borings , and, grain size distribution data obtained by sieve analysis, for each of the installed wells, will. be presented to the Department in a timely ' manner. In each of the test- boring/monitoring wells to be installed, a ' soil sample and a water sample will be collected from the groundwater interface and analyzed for Total Petroleum Hhydrocarbons, EPA method 418 . 1M. Information obtained from ' previous investigatory efforts at the subject site will be utilized to determine sampling protocol at the previously installed groundwater monitoring wells. ' Groundwater flow direction will .be established by triangulation between monitoring wells extant at the subject site. This will be accomplished utilizing optical surveying methods. 6.20 SUBSURFACE SEDIMENTS This site is located in an area mapped by Robert 01dale and others and is designated as the Barnstable Plain deposits. These deposits are described as mostly gravely sand with some pebble to small boulder gravel. The unconsolidated sediments encountered during the previous boring operations described mostly fine to . medium sand with some gravel and indicate a good degree of ' aquifer homogeneity. Logging of the unconsolidated sediments from the proposed ' additional test boring/monitoring wells, along with the 6 inch recovery well , will be completed by a Mason Associates Environmental Services, Inc. field geologist and this information . ' will be presented to the Department as this work is completed. 6.30 HYDRAULIC CONDUCTIVITY (R) Hydraulic conductivity of the encountered aquifer materials will be determined utilizing the Bouwer and Rice Slug Test. This slug test permits the characterization of the saturated hydraulic 1 MASON ASSOCIATES ENVIROME NTAL SERVICES, INC. PAGE 11 t ' conductivity with a single groundwater monitoring well . This method is particularly useful in groundwater contamination ' studies because the slug test can be carried out in the same wells used for groundwater quality monitoring, and does not require the removal and subsequent containment of large quantities of contaminated water. In very small hole diameters, for example, 2 inch or 5 cm, this test should still give accurate values for K, but the values ' apply to only a small region around the well and, hence, are more sensitive to spatial variability (H. Bouwer) . Slug tests will be conducted in one or more of the proposed, or existing groundwater monitoring wells . The slug test data collected will be resolved utilizing the slug test program SLUGTST which employs the method developed by Hvorslev to ' calculate hydraulic conductivity using slug test data. The program is written in Turbo Basic for IBM PC's and compatibles. ' 7.00 PROPOSED MONITORING OF STM EFFECTIVENESS ' In order to assure that the Short Term Measure treatment objectives are being meet , Mason As Environmental Services , Inc . proposes the following minimum monitoring ' protocol. Initial TPH and VOC analyses, (when applicable) of groundwater from the monitoring wells at the subject site, and proposed for the subject site, will be accomplished prior to start-up. .LNAPL thicknesses, where encountered in all existing and proposed wells will be measured and recorded prior to start-up. Static water table elevations will be measured and recorded for each of the existing and proposed monitoring wells. ' Upon initiation of remediation measures at the subject site watertable elevations and product thicknesses at all well locations will be monitored on an every other day basis, or, as applicable. I MASON ASSOCIATES ENVI SERVICES, INC. PAGE 12 ' Groundwater will be sampled and analyzed for TPH and VOC's at the entry point of the first granular activated carbon adsorption vessel, as well as at the exit point. When BTEX concentrations in ' the vessel equals BTEX concentrations out of the vessel, then this vessel is to be removed for reclaiming and will be replaced by the second vessel. The second vessel will then be replaced by a new vessel . This sampling and analyses will be done at the start-up of the remediation measure, and, subsequently, on a bi- weekly basis, or, as applicable. ' 8.00 TIMRTARM Mason Associates Environmental Services , Inc . proposes implementing the Short Term Measure based upon the following ' timetable: Pretreatment Analyses March 1991 Installation of additional test boring/monitoring wells; Sample the groundwater from existing monitoring wells (when ' applicable) , at the subject site for TPH, and, document watertable elevations and product thickness in all on-site monitoring wells; ' Characterization of subsurface sediments via Boring Logs and grain size distribution analysis; Characterization of aquifer hydraulic conductivity via slug test analysis; Implementation of STM April 1991 ' Installation of the 6 inch recovery well; set-up of the down well equipment, the logic control system, the #2 fuel oil containment facilities, the activated carbon ' adsorption system and discharge system, and, initiate groundwater pumping and treatment, and, product ' recovery. ! ' I MASON ASSOCIATES E"I SERVICES, INC. PAGE 13 ' 9.00 SITE HEALTH AND SAFETY PLAN Pursuant to the requirements of 310 CMR 40 . 545 ( 2f ) , Mason ' Associates Environmental Services, Inc . personnel and people retained by Mason Associates Environmental Services, Inc. during work at the referenced site shall observe and enact at a minimum ' the procedures set forth. Site history at the site as provided by the already submitted Preliminary Review of a Fuel Oil Spill, dated March 21 , 1989 supplies background information on the types of materials which can be expected to be encountered. Levels of personal protection based on the sites history are summarized below. The minimum level of protection to be utilized where the atmosphere encountered contains no known hazards and the type of work involved precludes exposure due to splashes, immersions or the ' potential for unexpected inhalation of air or contact with hazardous levels of chemicals. The need to increase PPE from Level D to Level C will be based on ' utilizing a PhotoVac "MicroTip" photoionization detector calibrated to yield total organic vapors, in parts per million, expressed as benzene. A sustained reading of 5ppm or greater of ' total organic vapors shall be the criteria for upgrade to Level C protection . In addition , a model 1214 SMP GasTech , Inc . intrinsically safe gas alarm will be utilized to determine ' percent of oxygen and percent of LEL present . If an IDLH condition is noted at the work site all personnel shall be evacuated from the site until such conditions have been corrected. Mason Associates Environmental Services, Inc . ' personnel will not, nor are expected to work, in locations which require Level B or Level A PPE at the subject site. All recovery equipment shall be housed .and maintained in the basement at the subject site. All recovered product shall also be stored in the basement. Recovered product will be pumped into DOT approved 55 gallon 17H drums until removed from the site for ' disposal. ' 9.10 SITE SAFETY PROCEDURES ' 1. PRIOR TO ACCESS MASON ASSOCIATES ENVIRONMENTAL SERVICES, INC. PAGE 14 ' A. All personnel assigned to gain access to the subject site shall be required to review information about site history and ' substances that might be encountered. B. All assigned personnel shall be briefed on the pertinent information on the subjects site plan, including but not limited to 1. Location of release area; ' 2 . Access to and egress from site with alternative routes. C. Location of nearest emergency centers, with phone numbers ' shall be posted in a conspicuous location: In addition, the village of Hyannis Fire Department, the town of Barnstable Health Department and Police Department shall be forwarded emergency ' response personnel phone numbers should they be needed. D. Dig Safe shall be notified a minimum of 72 hours prior to ' any subsurface exploration. 2. UPON ACCESS TO THE SITE A. All personnel will have and be familiar with subject property's site plan. ' B. A buddy system shall be in affect - visual contact shall be maintained. C. Continuous P.I.D. readings of ambient air conditions shall be taken . In addition, oxygen levels shall be monitored continuously. ' D. Upon excessive exposure, physical reaction or an accident all personnel shall seek appropriate medical assistance. 3. PRIOR TO LEAVING THE SITE ' A. All personnel shall wash and or rinse down P aq ui ment which" comes in contact with hazardous substances. T �Ih MASON ASSOCIATES ENVI SERVICES, INC. PAGE 15 r ' B. Dispose of appropriately - disposal items. . C. Clean and services applicable equipment; i.e. respirators. 4. EQUIPMENT To be present and readily available on-site at all times shall be ' the following: A. First aid kit B. Copy of completed Site Health and Safety Plan C. 1990 Emergency Response Guidebook (DOT P 5800.5) ' D. 85 gallon overpacks E. 4" booms, absorbent pads and speedi-dri ' F: Portable phone t I MASON ASSOCIATES ENVIRONMUWAL SERVICES, INC. PAGE 16 ' SITE SAFETY PLAN ' SITE: Care Property Y P Y LOCATION: 64 Harbor Road, Hyannis, Ma. ' IN CASE OF AN EMERGENCY CALL: EMERGENCY RESPONSE CENTERS - PERSONNEL ' 1. HYANNIS FIRE DEPARTMENT - (508) 775-1300 2. COLONIAL GAS COMPANY - (508) 398-6111 3. MASON ASSOCIATES ENVIRONMENTAL SERVICES, INC. - 800-834-2330 4. CAPE COD HOSPITAL - (508) 771-1800 ' 5. DEPARTMENT OF ENVIROAL PROTECTION - 508 946-2850 ( ) ' 6. BARNSTABLE POLICE DEPARTMENT - (508) 775-1212 1 1 1 b. 1 ' a can- Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection 1Z d2 Southeast Regional Office •� William F.Weld Q Governor C110 Trudy ry EOEA J U N 2 8 la Secret 1�95 David B.SVuhs 00 Commissioner cc June 26, 1995 Barnstable County Sheriff's RE: BARNSTABLE--WSC-4-07 49 Office Property, 64 Harbor Road Post Office Box 729 Permit # 82723 Barnstable, Massachusetts 02630 Request to Hand Deliver Administrative Notice Dear Barnstable County Sheriff: Enclosed please find a sealed letter addressed to Mr. Dennis Carey of 17 High School Road in Hyannis, Massachusetts. This letter is an administrative notice from the Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup (the Department) , informing the addressee of certain liabilities he has under Massachusetts law and may require the addressee to perform, or pay for performance of, certain actions accordingly. The Department's attempts to have this correspondence delivered by CERTIFIED MAIL have failed. Therefore, the Department requests the Barnstable County Sheriff to deliver this correspondence to the addressee BY HAND. Thank you in advance for your assistance on this important matter. A check has been enclosed for your service of delivery to a business recipient. Should you have any questions, concerns, or require additional information, you may contact Deborah A. Marshall at (508) 946-2888 or at the above letterhead address. Sincerely, Gerard M.R. Martin, Acting Chief Site Management & Permit Section M/DAM/re Enclosures: Sealed letter to Mr. Dennis Carey Check for business recipient fee CERTIFIED MAIL NO: Z 309 604 277 RETURN RECEIPT REQUESTED 20 Riverside Drive • Lakeville,Massachusetts 02347 • FAX(508)947-6557 • Telephone (508) 946-2700 r � ' -2- cc: Barnstable Board of Health Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Brian R. Grady, Chairman Barnstable Board of Selectmen Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Warren Hansen, Chairman DEP - BOSTON - BWSC ATTN: James Colman Larissa Drennan Barbara Clowers DEP - BOSTON - Office of Enforcement ATTN:' Robert Bois DEP - SERO ATTN: Andrea Papadopoulos, Deputy Regional Director Dave Johnston, Enforcement Coordinator Donald Nagle, Legal John Handrahan, Data Entry f October 27, 2000 STREAMLINE ENVIRONMENTAL P. O. BOX 275 WOODS HOLE, MA 02543 HEALTH INSPECTOR HYANNIS TOWN HALL 367 MAIN STREET HYANNIS, MA 02601 RE: RESIDENCE, 64 HARBOR ROAD, HYANNIS, MA DEAR HEALTH INSPECTOR: In accordance with state environmental regulations public involvement requirements [310 CMR 40.1403(7)], on behalf of the property owner for the above-noted location, enclosed herein is a copy of an Activity and Use Limitation placed on this property. Sincerely, For: Streamline Environmental 44L� 3"va I Andrew Brolowski cc: Hyannis Health Department Hyannis Building Code Department Hyannis Zoning Department Hyannis Fire Department DEP Southeast Region -t, (_9 i k / 614 Form 1075 310 cm 40.1099 81< 13323 P0320 66806 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E,§6 and 310 CMR 40.0000 1 ID-27-2000 a 12 s 00 Disposal Site Name: Residence DEP Release Tracking No.(s): 4-0732 This Notice of Activity and Use Limitation ("Notice") is made as of this day of t- , 20 0' by Dennis M. Carey.P. O. Box 1. Hyannisport. MA 02601, together with his successors and assigns(collectively "Owner"). WITNESSETH: WHEREAS, Dennis Carey, of Hyannis, Barnstable County, Massachusetts is the owner in fee simple of that certain parcel of vacant land located in Hyannis. Barnstable County, Massachusetts, with the buildings and improvements thereon("Property"); WHEREAS, said parcel(s) of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof("Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded herewith in Barnstable County Registry of Deeds in Plan Book 5-5 9 , Plan o/ WHEREAS, the Property comprises part of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site (to the extent such boundaries have been established). Exhibit B is attached hereto and made a part hereof.; and WHEREAS, one or more response actions have been selected for the Disposal Site-in accordance with M.G.L. c.21 E("Chapter 21 E")and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon(a)the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in,on, through, over or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion("AUL Opinion"), dated to D _ , (which is attached hereto as Exhibit C and made a part hereof); NOW,THEREFORE,notice is hereby given that the activity and use limitations set forth in. said AUL Opinion are as follows: 1. Permitted Activities and Uses Set Forth in the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists.for any foreseeable period of time (pursuant to 310 CMR 40.0000)so long as any of the following activities and uses occur on the Portion of the Property: (i) Subject to the provisions listed below,non-invasive activities and uses including, but not limited to,residential use which do not compromise the structural integrity of the current residence foundation or disturb petroluem-contaminated soil located beneath the current residence foundation on the Property. Form 1075 310 cmr 40.1099 Any other activity which does not excavate or disturb petroleum-contaminated soil; and (iii) Short-term (three months or less)underground utility and/or construction activities including, but not limited to, excavation (including ,emergency repair of undergrouynd utility lines),which are likely to disturb petroleum-contaminated soil location beneath the current building, provided that such activities are conducted in accordance with Obligations/Conditions(i)and(ii) in Section 3 of this Activity and Use Limitation Opinion ("Opinion"), the soil management procedures of the MCP cited at 310 CMR 40.0030, and all applicable worker health and safety practices pursuant to 310 CMR 40.0018; (iv) Activities and uses which are not identified in this Opinion as being inconsistent with maintaining a condition of No Significant Risk; and, (v) Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety,public welfare, or the environment than the activities and uses set forth in this paragraph. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property,may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Any activity including, but not limited to, excavation, which is likely to disturb or render accessible petroleum-contamination soil located beneath the current.building foundation with underground utility and/or construction work, without prior development and implementation of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i)and(ii)of Section 3 of the AUL; • (ii) Any activity which is likely to disturb petroleum-contaminated soil located beneath the current building foundation for a period of time greater than three months,unless such activity is first evaluated by an LSP who renders an Opinion stating that such activity is consistent with maintaing a condition of No Significant Risk and that such activity is conducted in accordance with Obligations (i) and(ii)of Section 3 of this AUL; and, (iii) Relocation of petroleum-contaminated soil located beneath the current building foundation, unless such relocation is first evaluated by an LSP who renders an Opinion stating that such relocation is consistent with maintaining a condition of No Significant Risk. . 3. Obligaations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: Form 1075 310 cmr 40.1099 (i) A Soil Management Plan must be prepared by a Licensed Site Professional (LSP) prior to the cmmencement of any activity which is likely to disturb petroluem- contaminated soil located beneath the current building foundation. The Soil Management Plan should describe appropriate soil management, characterization, storage,transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the petroleum-contaminated soil should be appropriately trained on the requirements of the Plan,and the Plan must remain available on-site through the course of the project; (ii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity which may result in the disturbance of petroluem- contamainted soil located beneath the current building foundation. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Plan should specify the type of personal protection, engineering controls,and environment monitoring necessary to prevent worker and other potential receptor exposures to petroluem-contaminated soil through ingestion,dermal contact, and inhalation. Workers who may come in contact with the petroleum-contaminated soil should be appropriately trained on the requirements of the Plan, and the Plan must remain available on-site through the course of the project; (iii) The petroleum-contaminated soil located beneath the current building foundation must remain in place and may not be relocated,unless such activity is first evaluated by an LSP who renders an Opinion which states that such activity poses no greater risk of harm to health, safety, public welfare or the environment and ensures that a condition of No Significant Risk is maintained. 4. Proposed Changes in Activities and Uses.Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq ., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq ., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. Form 1075 310 cmr 40.1099 If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to.be necessary by an LSP in accordance with 310 CMR 40.1080 et seq.,the owner or operator of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds. Mortgages. Leases. and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all deeds, easements, mortgages, leases, licenses,.occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). I Form 1075 310 cmr 40.1099 WITNESS the execution hereof under seal this �� day of , 0'r . Owner COMMONWEALTH OF MASSACHUSETTS r Co 1�ehn�s w1, Then personally appeared the above named C r}ae_j_and acknowledged the foregoing to be his/ cr free act and deed before me, Notary Public: My Commission Expires: My Commission Expires October.2,2003 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set fo in aid Activity and Use Limitation Opinion. Date: /a•/� u LS .S.I� �,SNOFMASS,�cyG THEODOREJ. o KAEGAELJR. y NO.1127 .F2s�FG/STER�� COMMONWEALTH OF MASSACHUSETTS -SITE►► PROF . 'iei6yi- rlo&7S/ , ss (10�ie /; , 20Z Then personally appeared the above named.T. end acknowledged the foregoing to be his/her free act and deed before me, , 3 Notary Public: My Commission Expires: EXHIBIT A (Description of Parcel of Land/Area Subject to AUL) A.certain parcel of land situated in Hyannis, Barnstable County, Massachusetts, owned by Dennis M.Carey, P.O.Box 1,Hyannisport,Massachusetts, shown as Lot 3 on a plan entitled, "Plot Plan of Land with Location of Activity and Use Limitation for 64 Harbor Road,Hyannis,MA",dated May 21, 1999, Scale 1"=40',prepared by Carmen E. Shay,Environmental Services,Inc., 34 Thatcher's Lane, East Falmouth, Massachusetts,and recorded with Barnstable County Registry of Deeds in Plan Book Plan�, and being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Harbor Road, approximately on hundred and thirty-four and 14/100 (134.14)feet south of Warren Avenue,at the southwest corner of land now or formerly of Dennis M. Carey; and thence running S 790 29' 00" W by land now or formerly of Dennis M. Carey one hundred sixty and 00/100(160.00)feet;thence turning and running S 130 16 20" W by land now or formerly of Sebastion Volpe one hundred twenty and 9/100 (120.09) feet; thence turning and running S 790 21' 50" W by land now or formerly of Sebastion Volpe one hundred eleven and 56/100 (111.56) feet; thence turning and running N 100 3 F 00" W along the easterly sideline of Harbor Road, one hundred ten and 12/100 (110.12) feet to the point of beginning,containing 14,932 square feet of land,more or less, according to said plan. EXHIBIT B SKETCH PLA I ab dj A CLASS 8 RESPONSE ACTION OUTCOME STATEMENT �J FOR THE PROPERTY KNOWN AS 64 HARBOR RD. HYANNIS. MA HAS BEEN FILED WITH THE y n sT MA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN LAKEVILLE. MA n Awi a AND REOUIRES AN ACTIVITY & USE LIMITATION (AUL) `to THE AREA OF AUL IS EOUAL TO SIT Mils ,, THE BOUNASS IES OF SHOWN ON THIS PLAN32 S.F. N. LOCUS, 1' = 2,000' LOT 1 LOT 2 N/F DEMIIS K CAREY WF DENNIS IL CARED 6 JEAN NE S CAREY a JEANIE S. CAREY O _ as79d 27 0VV it 160.W O N v Z (` E o J Q LOT 3 T. O Z 14,932 S.F. J a y n Tr a v Cr P" L, S79a 21' 59'V o p" N N/f SATIASTTDN VOLK 0 40 60 100 I CERTIFY THAT THEPROPERTY LINES SHOWN ON THIS PLAN ARE THE UNES DMOING EXISTING OWNERSHIPS AND i rii. LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF _ PUBUC OR PRIVATE WAYS ALREADY ESTABLISHED AND THAT SCALE. T NO NEW LINES FOR DMSION OF EXISTING OWNERSHIP .OR FOR NEW WAYS ARE SHOWN. AND r>>� THE PROPERTY CITIES ARE COMPILED FROM 1 CERTIFY THAT THIS PLAN WAS MADE TO CONFORM TO THE SURVEY PLAN ODERATED of THE RULES & REGULATIONS OF THE REGISTRY OF DEEDS. •`'4W CMEREY. P.E. R.S. OF COUERNUE, MA ENTITLED -PU1N OF LVO N BMNSTABLE . IY1- (ApN S. 1963) NO NOT AS A RESULT OF AN NSTRUMENT SURVEY IT SHOULD BE USED FOR No PURPOSE OTHER THAN RECORDM THIS ACTIVITY A USE UMTATION 5/21/99 DEN07ES RELEASE AREA EXTENTS AUL ACTIVITY do USE LIMITATION ZONING = RB PLOT PLAN OF LAND WITH LOCATION OF ACTIVITY & USE LIMITATION FOR DENNIS M.GAREY 64 HARBOR ROAD (0I"'NE R) HYANNIS, MA G46ER PPS PREPARED IY: T. CARMEN E. SHAY JOLY :1 L A,me N 26U 1 34 THATCHERS LANE EAST FALAOUTH. MA 025M 506-346-0796 FOR REGISTRY USE DRAW BY: CES I DATE MAY 21. 1999 PROECT11SLI01 FILENAME: SLIOI.DWG SHEET 1 DF 1 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of 310 CMR 40.1074,this Activity and Use Limitation Opinion has been prepared for a parcel of land owned Dennis M. Carey,located at 64 Harbor Road,Hyannis, Barnstable County, Massachusetts (the "Property"). As of the date of this Activity .and Use Limitation Opinion, the Property and surrounding area is zoned for residential use. The Property contains one residential building and is otherwise ubiquitously vegetated. Site History The Property has always been residentially used or vacant and undeveloped until the present. In 1988, a subsurface fuel oil tank feedline was discovered by an oil-burner service man to be leaking fuel oil beneath the residence foundation. The Hyannis Fire Department notified the DEP (at that time,the DEQE)of the release(the "Release")based on their immediate inspection of the basement area and olfactory conditions suggesting a petroleum release had occurred and,an evaluation of fuel oil delivery records. From 1989 to 1993, several subsurface investigations were conducted which revealed petroleum- contaminated soil from below the former leaking fuel oil feedline to the groundwater located approximately 15 feet below. Several groundwater monitoring wells placed around and downgradient to groundwater flow from the release area indicated select downgradient monitoring wells contained separate phase petroleum product. From 1996 to 1999, additional site investigation work conducted as part of an ongoing DEP approved Immediate Response Action indicated concentrations of soil Extractable Petroleum Hydrocarbons (EPHs) and Poly Aromatic Hydrocarbons (PAHs)which exceed the MCP Method 1, S-1 Standards but fall below the Method 1, S-3 Standards to exist in soil samples collected from 8 to 10 feet below the former fuel oil feed line/area below the building foundation. IRA results also revealed, based on 3 separate well gauging events, separate phase oil detected in select downgradient monitoring wells to be immeasurable (< 1/8 inch thick) relative to true formation thickness and no additional wells becoming impacted with separate phase oil. Three (3) separate groundwater sampling events conducted during the IRA indicated:all sample concentrations of-on- site and off-site-groundwater Volatile Organic compounds(VOCs) and PAHs below Method 1, GW-1 Standards; all but 2 averaged sample - on-site - concentrations of EPHs below Method 1, GW-1 Standards; and, 2 - on-site - sample concentrations slightly above the Method 1, GW-1 Standards for cl 1-c22 aromatic hydrocarbon range of EPHs,but significantly below the Method 1, GW-2 Standards. Groundwater beneath the Property is considered to fall into the GW-2 category based on it's proximity to salt-water bodies and consequent likeliness for diminished drinking water quality. [Note: The "MCP"is the Commonwealth of Massachusetts'code of regulations for the notification, assessment and cleanup of disposal sites where a release of oil and/or hazardous material has occurred. The "MCP Method 1 Cleanup Standards" refer to numerical standards for chemical contaminants in soil and groundwater which are published in the MCP.] page 1 of 4 i Reason for Activity and Use Limitation A Method 1 Risk Characterization was conducted to evaluate the risk posed by contamination remaining in soil and groundwater from the Release. Using the Method 1 approach; concentrations of VOCs, PAHs and EPHs remaining in soil and groundwater were compared to the MCP Method 1, Soil and MCP Method 1, Groundwater Standards to determine if the Release poses a risk for current and future activities and uses. The Method 1 Risk Characterization concluded that the Release poses No Significant Risk to health, safety, public welfare or the environment for current conditions of residential use of the Property because contaminant concentrations remaining in soil and groundwater met the applicable Method 1, S-2 and S-3 Soil Standards and GW-2 Groundwater Standards, respectively. Levels of off-site groundwater VOCS, PAHs and EPHs met the lower Method 1, GW-1 Standards and, all groundwater samples collected during the IRA fall significantly below the Method 1, GW-2 Groundwater Standards. Levels of VOCs measured in soil met the lower Method 1, Soil Standards and, as well as groundwater contaminant concentrations, pose No Significant Risk for unrestricted future site activities and uses. However, since select EPHs and PAHs in soil located 8 to 10 feet below the current residence foundation exceeded their respective Method 1, S-1 Standards, an unacceptable risk exists should future activities and uses of this portion of the Property result in unrestricted human exposure to the soil,such as those associated with a child's exposure through direct contact and/or dermal absorption. Therefore, in order to ensure that such exposures do not occur and that a condition of No Significant Risk be maintained for future activities and uses, an Activity and Use Limitation is required to restrict certain activities and uses of the Property. Permitted Activities and Uses (i) Subject to the provisions listed below, non-invasive activities and uses including, but not limited to, residential use which do not compromise the structural integrity of the current residence foundation or disturb petroleum-contaminated soil located beneath the current residence foundation on the Property; (ii) Any other activity which does not excavate or disturb petroleum-contaminated soil; (iii) Short-term(three months or less)underground utility and/or construction activities including, but not limited to, excavation (including emergency repair of underground utility lines), which are likely to disturb petroleum-contaminated soil location beneath the current building, provided that such activities are conducted in accordance with Obligations/Conditions(i)and (ii) in Section 3 of this Activity and Use Limitation Opinion ("Opinion"), the soil management procedures of the MCP cited at 310 CMR 40.0030, and all applicable worker health and safety practices pursuant to 310 CMR 40.0018; (iv) Activities and uses which are not identified in this Opinion as being inconsistent with maintaining a condition of No Significant Risk; and, page 2 of 4 Permitted Activities and Uses (cont.) (v) Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety,public welfare, or the environment than the activities and uses set forth in this paragraph. Activities and Uses Inconsistent with the AUL Opinion (i) Any activity including, but not limited to, excavation, which is likely to disturb or render accessible petroleum-contamination soil located beneath the current building foundation with underground utility and/or construction work, without prior development and implementation of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i) and (ii) of Section 3 of the AUL; (ii) Any activity which is likely to disturb petroleum-contaminated soil located beneath the current building foundation for a period of time greater than three months, unless such activity is first evaluated by an LSP who renders an Opinion stating that such activity is consistent with maintaining a condition of No Significant Risk and that such activity is conducted in accordance with Obligations (i) and (ii) of Section 3 of this AUL; and, (iii) Relocation of petroleum-contaminated soil located beneath the current building foundation, unless such relocation is first evaluated by an LSP who renders an Opinion stating that such relocation is consistent with maintaining a condition of No Significant Risk. Obligations and Conditions (i) A Soil Management Plan must be prepared by a Licensed Site Professional (LSP) prior to the commencement of any activity which is likely to disturb petroleum-contaminated soil located beneath the current building foundation. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the petroleum-contaminated soil should be appropriately trained on the requirements of the Plan,and the Plan must remain available on- site through the course of the project; (ii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity which may result in the disturbance of petroleum-contaminated soil located beneath the current building foundation. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements.The Plan should specify the type of personal protection, engineering controls, and environment monitoring necessary to prevent worker and other potential receptor exposures to petroleum-contaminated soil through ingestion, dermal contact, and inhalation. Workers who may come in contact with the petroleum- contaminated soil should be appropriately trained on the requirements of the Plan, and the Plan must remain available on-site through the course of the project; page 3 of 4 Obligations and Conditions (cont.) (iii) The petroleum-contaminated soil located beneath the current building foundation must remain in place and may not be relocated, unless such activity is first evaluated by an LSP who renders an Opinion w 'ch states that such activity poses no greater risk of harm to health, safe Yu Yu i elfare or the environment and ensures that a conditio of No Si nificant) sk is tained. �; LSP: Theodoie,J.;ICae. 4 m , icen d Site Professional THEODORE J. KAEGAEL JR. y NO. 1127 Date: �`�tis9FG/STE��� ►�0StTE pROF�� page 4 of 4 EXHIBIT D BWSC AUL Transmittal Form 1 .fit,_ Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1070-40.1084 (Subpart J) LI-i 3 COMPLETE THIS FORM AND ATTACH AS AN.EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE. A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Site Name: Street: _ ( (-/ /-1 az e-p yr n �} C�� Location Aid: Cityrrown: �", �t [� f T ZIP Code: l/ 1 Address of property subject to AUL,if different than above. Street: City/Town: ZIP Code: B. THIS FORM IS BEING USED TO: (check one) Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form). Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4) (complete all sections of this form). ❑ Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of this form). Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this form). Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections of this form). C. LSP OPINION: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal,including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge,information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074(1)(b); > if Section B indicates that an Amended Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii) complies with 310 CMR 40.1080(1)and 40.1081(1); > if Section B indicates that a Termination of a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal @ is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083(3)(a); > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(0)complies with 310 CMR 40.1071(1)(b); > if Section B indicates that an Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080(1)and 40.1081(1); > if Section B indicates that a Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1083(3)(a). I am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know to be false,inaccurate or materially incomplete. ❑ Check here if the Response Action(s)on which this opinion is based,if any,are(were)subject to any order(s),permit(s)and/or approval(s) issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions thereof. SECTION C iS CONTINUED ON THE NEXT PAGE. Revised 5/8/95 Do Not Alter This Form Page 1 of 2 I Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM P rsuant to 310 CMR 40.1070-40.1084 (Subpart J) 3 C. LSP PI ON: (c/lontinu d) LSP Name: �e� V. ,,/, LSP;x:f Stamp: P�(HQFMgSS Telephone: fo�ya� FAX: c THEODORE J. fa�2 6-C 2✓1// Gti G �� % � ��P 0 KAEGAEL JR. rn r NO.1127 LSP Signatu � ys_FGIgTER� 5�° Date: YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. i Revised 5/8/95 Do Not Alter This Form Page 1 of 2 ,) 1 �� L "b'v.'.�.r+. .u._�'r �';lts<ti �::k ,�a..�.�i:•Y .Y,u. :.= �_-:.. _�45.:.h:. - • '.t.L.. _ __ Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection ' Southeast Regional Office William F.Weld Governor Trudy Coxe Secretary,EOEA Thomas B. PowersC(a py Acting Commissioner August 23 ; 1994 Dennis Carey, Owner RE: BARNSTABLE--WSC-4-0732 Harvard Realty Associates Property, 64 Harbor Road 17 High School Road Permit # 82723 Hyannis, Massachusetts 02601 Tier I Transition Classification and Permit Statement Dear Mr. Carey: The Massachusetts Department of Environmental Protection (DEP) has redesigned the Waste Site Cleanup Program. The revised Massachusetts Contingency Plan ("MCP") and related fee .regulations (310 CMR 4. 00) became effective on October 1, 1993 . The new MCP (310 CMR 40. 0000) includes specific requirements for sites which had been classified as "priority disposal sites" under the 1988 version of the MCP in order for them to make the transition into the redesigned program. (See enclosed Transition Fact Sheet #5 for more information. ) This letter is being sent to you regarding the above- referenced site which was previously classified as a "priority disposal site" and listed as such on DEP's August 1993 Transition List of Confirmed Disposal Sites and Locations to Be Investigated, or Addendum thereto. Dennis Carey has been previously identified as a "Potential ,Responsible Party" (PRP) for the above-referenced site with liability under MGL c..21E S5. EXISTING APPROVALS Response actions which received' DEP approval prior to.October 1, 1993 , must continue in accordance with the terms of the approval [see 310 CMR 40. 0640 (1) (c) ] . An LSP may be engaged or employed, but . is not required, to oversee response actions previously- approved by DEP. If an LSP is engaged or employed, he or she should be identified to DEP. Once work under existing approvals is _ complete, all future response actions must be conducted according to the terms of the"revised MCP and, will require the use of an LSP. 20 Riverside Drive 9 Lakeville,Massachusetts 02347 6 FAX(508)947-6557 a Telephone (508) 946-2700 -2- The above-referenced site has the following approval for response actions: Short Term Measures: Short Term Measure Approval - April 4 , 1991 This approval is also included in Attachment ,'B(1) of the Transition Statement. This response action must continue until it is completed. TRANSITION CLASSIFICATION Under the new MCP, sites will be classified as either Tier I or Tier II. All Tier-. 1 sites require permits to proceed with assessment and remediation Sites classified as Tier IA will be managed by a Licensed Site Professional (LSP) under the Department's direct oversight. Tier IB and IC sites . will be managed by LSPs and will not receive direct oversight by DEP, but will be subject to DEP audit. The Transition regulations of the new MCP (310 CMR 40. 0640) , categorically classify all sites which had been listed as "priority disposal sites" as Tier IA sites. Therefore, the above-referenced site is Tier IA. TRANSITION PERMIT STATEMENT The new MCP does not require submittal of a new permit application for priority disposal sites. Instead, DEP will issue a "Transition . Classification and Permit Statement" (Transition Statement) to those with potential liability under MGL c. 21E §5 which describes the site's classification and the terms of the transition permit. This Statement, if signed and dated by the PRP, or other person performing the response actions, becomes a valid Tier I permit for the site effective upon its receipt by the Department. The Transition Statement for the above-referenced site is attached for your review and action. According to 310 CMR 40. 0640 (3) , you must return the Transition Statement to DEP within 120 days of your receipt of this letter indicating whether you (1) accept the terms of the Transition Statement, (2) disagree with DEP's classification of the site, or (3) do not accept the terms of the Transition Statement. , These options are as follows: (1) Accept Transition Statement: To accept the terms of . the Transition Statement, please sign and date both copies of the Statement at Paragraph"1" and return one copy to this office. (Please also send a copy of one of the signed Transition Statements to the Chief Municipal Official and e -3- Chairman of the Board of Health. ) Annual Compliance Fees for Tier IA will be assessed starting October 1, 1993 . The Tier IA Transition Permit is effective upon the Department's receipt of the signed and dated Transition Statement (310 CMR 40. 0640 (3) (b) 1.a] . (2) Disagree with Transition Statement: If you do not agree with the Department's determination that. this site should be classified as Tier IA because, in the Opinion of an LSP, the site should be reclassified as It, IC or, Tier II, sign and date both copies of the Statement at Paragraph 112" and return one copy to this office within 120 days. (Please also send a copy of one of the signed Transition Statements to the Chief, Municipal Official and Chairman of the Board of Health. ) In order to change the site's permit category and in order to continue response actions at the subject site, you must obtain a Major Permit Modification from DEP. To do so, you must submit a "Major Permit Modification" application (310 CMR 40. 0707) , which includes an LSP Tier Classification Opinion, and fee of $1200. This application will then be processed according to the provisions of 310 CMR 40. 0700. The appropriate Annual Compliance Fee will be determined pending the outcome of the permit modification. If you wish to conduct assessment activities (such as the sampling of existing monitoring wells, the sampling of surficial soils, and the monitoring of vapors inside buildings) within 120 days in an effort to document a lower Tier Classification for the purposes of filing a Major Permit Modification with DEP, you may do so. However, "intrusive" assessment . activities (subsurface investigations involving test pits, new monitoring wells, and soil borings, etc. ) , will require prior DEP approval, unless they are being done as part of a response action which already has DEP approval. (3) Do Not Accept Transition Statement: If you do not accept this Transition Statement, you must sign and date , the Statement at Paragraph .113-A" or 113-B" . and return one copy to this office. (Please also send a -copy of one of the signed Transition Statements to the Chief' Municipal Official and Chairman of the Board of Health. ) You must also indicate whether or not you intend to conduct any response actions which were approved by DEP prior to October 1, 1993 . If. you do not intend to conduct such response actions, you must include an explanation pursuant to 310 CMR 40. 0171 and 40. 0172 . If you do intend to conduct these response actions, .you must include a schedule for completing them. d -4- Whether or not you intend to complete work previously approved, you. must submit a Status Report which includes an LSP Opinion as to whether a Temporary or. Permanent Solution has been or will be achieved at the site, and if not, the response actions necessary to do so [310 CMR 40. 0640 (3) (b) 3] . Please note that if this site is adjacent to another disposal site where response actions are being conducted, it may be necessary to coordinate your response actions with those being I ndertaken on the adjacent site. All persons authorized to conduct response actions under a Tier I permit must comply at all times with MGL c. 21E, 310 CMR 40. 0000, permit terms and conditions and any other applicable federal, state, and local law. Failure to comply with all applicable requirements shall be cause for the Department to initiate enforcement. action, including., without limitation, permit suspension and revocation.. If the enclosed Transition Statement is not returned to the. Department within 126 days of its receipt, or if the Statement indicates that you do not accept the Transition Permit under paragraph (3) above, the Annual Compliance Fee for Tier IB sites ($2 , 600) will be assessed, beginning on the day after such Transition Statement is due [310 CMR 40. 0640 (4) ] . 'In addition, DEP may commence appropriate enforcement actions to ensure that the required response actions for the above-referenced site are initiated and completed in a timely manner. We recognize that there may be difficulties and confusion during the transition of existing sites from the old MCP to the new MCP. The . new MCP, however, offers many incentives and opportunities for streamlined, timely, and efficient cleanups. It is our. intent to provide you with as smooth a transition as possible. Should you have any questions about this letter or the Transition Statement, please contact Deborah A. Marshall at (508) 946-2888 or at the above letterhead address. V ry truly yours, Y nathan i Acting Chief ite Management & Permits Section H/DAM/rr Attachments: Summary of Redesigned Program Fact Sheet on LSPs Transition Fact Sheet #5 310 CMR 40. 0730 -5- CERTIFIED MAIL NO: 337 626 689 RETURN RECEIPT REQUESTED cc: Barnstable Board of Health Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Brian R. Grady, Chairman Barnstable Board of Selectmen Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Warren• Hansen, Chairman DEP - BOSTON ATTN: Madeline Snow DEP - SERO ATTN: Andrea Papadopoulos, Deputy Regional Director DEP - SERO ATTN: Data Entry yoF THE raw TOWN OF BARNSTABLC ! !! OFFICE OF i DADlSTAIM f•�. MAM A BOARD n Mr HEALTH �� 9 367 MAIN STREET 0MpYp HYANNIS, MASS. 02601 March 27, 1989 Mr. Dennis Carey P.O. Box` 1 Hyannis Port, MA 02647 ORDER TO YAC.TE AL�D SECURE THE DWELLING AT 64 HARBOR ROAD, HYANNIS DUE TO THE EXISTENCE OF EMERGENCY CONDITIONS WHICH MAY ENDANGER THE 'HEALTH A11D SAFETY OF THE OCCUPANTS The property owned by you located at 64 Harbor Road, Hyannis was inspected by Donna Miorandi, Health Inspector for the Town of Barnstable and Chief Richard Farrenkopf of the Hyannis Fire Department due to a complaint of noxious odors, poor. air quality and resultant headaches.' The Town of Barnstable Health Department and the Hyannis Fire Department determined that the premises is currently unfit for human habitation due to the presence of vapors from petroleum hydrocarbons in the building as the result of a leaking #2 fuel oil tank in the basement . You, are hereby directed to vacate and secure the dwelling upon receipt of this notice. You are also required to remove the hydrocarbons from the air , and groundwater at the site prior to requesting permission, in writing, to re- occupy the dwelling. You may request ' a hearing before the Board of Health if written petition requesting same is received with seven (7) days of receipt of this notice. The conditions which exist may permit the occupant of the dwelling to exercise one or more statutory remedies . Failure to comply with an order could result in a fine of not more that $500. Each separate day's failure to comply with an order shall constitute a separate violation. PER ORDER OF T E BOARD OF HEI.LTH ./mc Thomas A McKean Director of Public Health cc: Chief Richard Farrenkopf, Hyannis Fire Department Virginia Fay, tenant of 64 Harbor Road, Hyannis O Robert Kearns, DEQE, Lakeville __ '� _� .n ., ----- - _-fi_�__-_. � � � ,� .�_ .'� � � �� �' ) 'f � � � u ��` � I ., +r: s l ,1 __.. -- __ r--�--..- � :� ',� J J ��'f S � -�"> 1 J V I� �II � >''! M _ _. DD � ��rt� _ � e n l/ �a. D�a� �%� TOWN OF BARNSTABLE vF 1HE f0 - ��P�' OFFICE OF 9TABL . ! BOARD OF HEALTH DAH1f i ■Ma 367 MAIN STREET i� t6;q. '031rpMA11,� HYANNIS, MASS. 02601 December 30, 1988 Mr. Dennis Carey P.O. Box 1 Hyannis Port, MA 02647 Dear Mr. Carey: The Health Department hao been made aware of a #i2 fuel oil spill in the basement of a dwelling opined by you located at 64 Harbor Road, Hyannis . It has been estimated that an approximate 2, 488 gallons of fuel has permeated through your basement floor into the ground and therefore possibly into the groundwater. Accidental spills and discharges of petroleum products and other toxic and hazardous materials have threatened the quality of such groundwater supplies and related water resources on Cape Cod posing potential public health and safety hazards to the affected community. You are hereby directed to contract with a licensed environmental services company for the assessment and remediation of the contaminated site by January 4, 1989 . You are also required to provide the Health Department with a copy of this contract and all ensuing reports from the agencies involved with this project pertaining to the assessment and clean-up of the site. If you have any further questions please feel free to contact Donna Miorandi or Thomas McKean at 775-1120 , Extension 183. Very Truly Yours, Thomas A. McKean Director of Public Health v V ro � . C � J / q .,• � � � y � � .� � � � �, � �' -� �. � _ � � � � � � -- � � � e .� �- � � � �_ - , . . 306 172 001 21548 5 CAREY, DENNIS M 00 CAREY, JEANNE S Hy P 0 BOX I HYANNISPORT MA 02647 64 HARBOR RD HYANNIS 70AC, 150700 2364 1 44400 10 . 34 3747/ 267 052083 1 0 4 C 100286. 080985 3747/267 CAREY, DENNIS M 0583 64 658 HARBOR ROAD PAR �M�—®1'I Ike► January 3, 1989 Harvard Realty Associates c/o Dennis M. Carey 17 High School Road Hyannis, MA 02601 Dear Sir: Jet-Line Services, Inc. , is pleased to submit the following proposal for. your consideration, based on our current understanding of the tasks as specified by you, Dennis M. Carey. In accordance with the terms of this proposal, Jet-Line will remove the floor and contaminated solids (up to 6000 :pounds) . Jet-Line will perform all services in a workmanlike manner and in accordance with applicable federal, state, and local requirements or regulations. PROJECT COSTS Jet-Line will perform the services outlined in this proposal, exclusive of costs for removal and disposal of contaminated material and of certain other charges listed below, for a contract price of Five Thousand Dollars ($5000.00) . Where modifications of the scope of services as set forth above become necessary, Jet-Line will provide a revised contract price based upon such modifications. Additionally, Jet-Line will also add to the invoice any hazardous waste transporter fees, taxes, or similar governmental charges, if applicable. Due to the high cost of obtaining insurance coverage for work involving hazardous substances, an insurance adjustment of 4.75% will be added to the total of charges exclusive .of such transporter fees, taxes or other governmental .charges.. SCOPE OF SERVICES Jet-Line will perform the following tasks in connection with the above-mentioned contaminated soil removal: 1. Obtain necessary approvals and permits. 2. Interact with DEQE, USCG, building inspector, and fire department. In the event . jet 1 = - - .. ia encounters problems prt't3ellt'ly unforeseen, including, but not limited to, unspecified contamination, high water tables; underground utilities or JET-LINE SERVICES, INC. • 441 R Canton Street • P.O. Box 180 • Stoughton, Massachusetts 02072 Stoughton - (617) 344-2510 • Toll Free 1-800-JET-LINE • FAX: (617) 341-0635 Harvard Realty Page 2 January 3, 1989 impediments not disclosed by you, ledges, severe weather conditions, delays caused by you, or any other circumstance requiring services in excess of hose contemplated in the tasks outlined above, additional work and charges may become necessary in order for Jet-Line to complete the job. In such case, Jet- Line will notify you promptly and will obtain your authorization before completing the project. TERMS AND COND TIONS All invoices are due for payment 15 days from the date of the invoice. After thirty days, Jet-Line will charge a service or finance charge equal to 1 1/2% per month on any unpaid balance until the full amount is paid. Please note that the information contained in this proposal is provided solely for your use in evaluating its terms and conditions. This information is otherwise privileged and confidential business information, and it may not be used for any other purpose or disclosed to any other person or entity. It is the customer's responsibility to notify Jet-Line in writing of the existence of any underground utilities or other hidden impediments before it commences any of the work outlined above. Upon accepting this proposal, the customer agrees to hold harmless and indemnify Jet-Line for any liability resulting from damage to underground utilities not specifically disclosed to Jet-Line in writing prior to the commencement of work. Thank you for considering this proposal which will remain in effect for a period of thirty (30) days from the date of this letter. If these terms meet with your approval, please sign the enclosed contract and return it to this office. If you have any further questions, please do not hesitate to contact me at 1-800- JET-LINE. Sincerely, JET-LINE SERVICES, INC. x'Qw .,I Dan Falcone Corporate Accounts Manager D:F/b t .�; JET-LINE SERVICES, INC. DAILY WORK SHEET Job No. .:��� -�t, Date Ike - Sheet No. ( of i�Stoughton, MA ❑ Dover, NH ❑ So. Portland, ME 1-800-JET-LINE 1-603-749-5735 1-207-799-0850 ❑ Providence, RI ❑ Lowell, MA ❑ Windsor,VT 1-401-781-5510 1-508-937-7294 1-802-674-9215 Customer Foreman/Supervisor �')• T.-'t1--1_...f` 4';'�t • Job location 0-1 1 1') F-cs(Z D Day of Week: M Tu W Th(F)Sat Sun j Shift:(1) 2 3 Price: T&M Contract Temperature_ ~ Weather. ►''ll Depart Arrive Depart Return LABOR Base Site Site Base Title/ Prot. Per Hours Code Name Level Per ST OT I Unit EQUIPMENT .r Mileage No. ype Hours To Site From Site i SUPPLIES/MATERIALS SUBCONTRACTORS TYPE QUANTITY TYPE QUANTITY DESCRIPTION- HOURS/UNITS Trailer Liners Other Drums Sorbents _ Meters/Radios Spec.Pers.Prot. Sampling DISPOSAL (Bulk quantities subject to disposal facility verificiation) Quantity Manifest or B/L No. Bulk liquid Bulk liquid MISCELLANEOUS CHARGES Bulk liquid Permits Req'd? Type Issued? Y N Bulk solids Analyses Required? Tye Bulk solids By JLS ustomer Bulk solids Drums total Sample No(s) (total) Other wags(tolai) Other BOOM CHARGES TRUCK CLEANING Rental_ Time Required(Hr.) 1 Where? f� ale ft ,� '*1 f Amount of Heel Cleaned-- - "�'V Damaged - ---ft (to nt determinedel,(Gal.) u o d o ) JOB DESCRIPTION (Activity Summary—add sheets as needed t_ f - --- _ _ - it -(I�If` 1 - Site left in a clean and satisfactory condition? Yes✓ No Remarks V)VA m t`I6 Job Complete? Yes No 4- 5C-'t1LbUL1'H G Customer signs as accepted the terms,quantities and other information listed above;agrees that the services have been provided in a satis- factory manner and that he/she is responsible for the cost incurred along with the terms and cond'ions containedy he Contract Inititation Form. x lam(_ 7 _ Customer Signature / Date Jet-Line Representative WHITE—JOB FOLDER YELLOW—ACCOUNTI!NG PINK—CUSTOMER JET-LINE SERVICES, INC. Customer P.O.No. P O. Box 180 Date p 'Y i 1' I:T'i i, I ;, I:�, Stoughton, MA 02072 Customer EPA I.D.No. i 1,-. 1-800-JET-LINE Job No. .`>� ` I �! ( r' d Contract No.(i/any) P I �� , t ] ;..i ' CONTRACT INITIATION FORM Prepared by Person Authorizing Work—,,,,,,, Position ,". BILL TO:Name - \ Customer/Company Name Company Name Work Location—Address i Address State 5 Zip Code . ., State. o ! c Zip Code L . Telephone No. hHA . Telephone No. STATEMENT OF WORK A '-r ►L.-t _ r t`t'1 c"T V c tk I Z.ii ,Ci iLi_ )<3 ' Ar CC'y'J•)I('] r { 't i I I !i TAB a- r ��< > —� j 7'17" ;,, i1 �. r IC {Z I - L— F" t t , f Ir ►���i i"�---���s-ar-r"'�`j---}��{` '��� %t,��� "r� C' 1 r._ I, 9`t ._, i i� �I Federal lState A.M. Person Notified: Notification—Date: Time: P.M. Agency: Agency Insp. Yes Elg cy: Required? No ❑ Disposal Yes❑. _. ., Petroleum Waste ❑ FLiqgd. Bulk ❑ Required No ❑ } Chemical or Other Waste , ❑ ❑ Drums ❑ ❑ Bags ❑ Contract ❑ Amount:Price: TkRA ^� (See Rate Schedule) Jet-Line Services shall exert its best technical efforts to perform and carry out"in a satisfactory manner the services set forth in the state- ment of work,and in accordance with State and Federal regulations and good engineering practices. Unless specifically addressed in the above price,disposal costs are in addition to the contract price. All emergency response labor is charged at a 331/3%premium over published rates. State and Federal taxes , including the Massachusetts Hazardous Waste Transporter's Fee, if applicable, ($0.092/gallon and/or $0.0092/pound-801 CMR 4.00),are in addition to disposal prices. An insurance adjustment of 4.75%is applied to the total invoice unless specifically addressed in the above price. The terms and.conditions on the reverse side are incorporated in,and made a part of,this agreement.No changes,alterations or amend- ments of the terms or conditions of this agreement are authorized or effective unless in writing and signed by an officer of Jet-Line Services,Inc. Authorized Signature—Customer / Date Authorized Signature—Jet Line Date REV.8/87 WHITE—JOB FOLDER YELLOW—ACCOUNTING PINK—CUSTOMER 1 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) �m A�C( DC�4 f !�- USCG Marine Safety Office U.S.Department landing Officer John 0. Pastore Fed Bldg LT Robert H.Hazeiton lne SafetyOffice Providence RI 02903-1790 oiTransportotio{ 1 Detached Duty Officer for Tel• (401 ) 528-5335 United States Cape Cod&the Islands, Coast Guard D. R. HOFFER ETdl Used John o'Pasrore Fed.slag. 1646 5/1"-MP r; `e1U e.,�/ Cape Cod Office Providence,RI 02903-1790 d 9 Are , 19 -P, f (508)968-5550FTS 829-5556 (401)528-5335/FTS 838-5335 ��lc 4Y v)l✓. 17 Nisy 6cd ,Q0 Gentlemen: This is to inform you that a pollution incident, for which you MAY be financially responsible, has--eesurr-ad--ar- threatens to occur at AF_rlm ycF �z� /� 'sc�X,0 //y)4v1Y1f,is 4 Under federal statutes, the United States government has an interest in this incident and may take appropriate action to minimize damages which are threatened or which may be caused by this incident. The discharge/r-e4-easg of a prohibited quantity of oil/haza-r-dous substance is a violation of the Clean Water Act (CWA)/Superfund A dmmnt-j--and_..Fteau-they-iza-t-ton-Act--of-1986--(-SARA) . Under the act, the owner or operator of the source may undertake removal actions. If the owner or operator refuses or fails to take adequate removal action, that person may be held financially responsible for actions taken by the federal government to remove the poiluiunt and adequately mitigate its effects. Removal is being done properly if it is done in accordance with Federal and State statutes and regulations and the criteria of the National Oil and Hazardous Substance Poll-ution Contingency Plan. If you undertake removal actions, the adequacy of such actions shall be determined by the United States Coast Guard On-scene Coordinator. The On-scene Coordinator for this incident is E.J. Williams, .III, Captain, U. S. Coast Guard. So long as adequate actions in this matter are being taken, Federal actions will be limited to monitoring the progress of those actions and providing guidance as necessary. If it is determined that prompt and appropriate actions are not being taken, Federal response may be initiated. The responsible party may then be held liable for all actual cost incurred by the Federal government as set forth in section 311( f) of the CWA/1„^+a4--e­�� Should you require further information concerning this matter,, please contact the On-scene Coordinator or this representative at the above address and telephone number. Sincerely, �"V"V(l Om1 OSC/OSC REPRESENTATIVE Acknowledged by: LQ—}--t Title: Dat /Time: Witness to Refusal of Receipt: Title: Date/Time: V Daniel S.Greenbaum Commissioner Gilbert T.Joly ��� Z4,,aA, 66AQadu&e& 0.2.Y47 Regional Director COPY February 23, 1989 Dennis Carey RE: BARNSTABLE--OIR/ERB-SE-88-807 Harvard Realty 64 Harbor Road, Hyannis , 4766 Route 28 NOTICE OF RESPONSIBILITY, Cotuit, Massachusetts 02635 M.G.L. , Chapter 21E and 310 CMR 40.000 (Massachusetts Contingency Plan) Dear Mr. Carey: The Department of Environmental Quality Engineering, on December 15, 1988 , received notification from Harvard Realty that a release of #2 fuel . oil. had occurred at the above referenced location. On December 15, 1988 , a Department representative conducted a site investigation and observed fuel oil staining on the basement floor and an odor of fuel oil that permeated the basement. These conditions constitute a release of oil or hazardous material at or from the site_ The tre:•cnt-ioa and/or mitigation of such a release is governed by M.G.L. , Chapter 21E, the "Massachusetts Oil and Hazardous Material Release, Prevention and Response Act, " and 310 CMR 40.000 , "Massachusetts Contingency Plan" (MCP) . On January 6, 1988, at approximately 9:OOA.M. , a Department representative verbally notified Mr. Jerry L. Susong of Mr. Carey's responsibility for the release and gave him a synopsis of the Massachusetts General Laws, Cha-pr_er 21E. He accepted responsibility on behalf of Mr. Dennis Carey at that time. This letter is to inform you that: 1. Based on information available to the Department of Environmental Quality Engineering, the Department has reason to believe that Mr. Dennis Carey is a responsible party with liability under M.G.L. , Chapter 21E, Section 5 (a) (1) . The nature of 'this liability is joint and several without regard to fault; and h a 2 - 4 2. The Department is authorized, pursuant to M.G.L. , Chapter 21E, Section 4, and 310 CMR 40.171, MCP, to arrange for or to take actions which it deems necessary to respond to the release should you fail to perform response actions in an appropriate and timely manner. Your liability noted in one (1) above may include: a. Administrative costs incurred by the Department in handling this matter (in simple spill cases , administrative costs incurred by the Department prior to formal legal action are at least $1, 000) ; b. Interest charges on the total liability at the statutory rate- of 19% cnmpounuc d anhually; c. Treble costs (i.e. , three (3) times the total amount of response costs the Department incurs) ; and d. All damages for the injury, destruction or loss of natural resources due to the release. The liability constitutes a debt to the Commonwealth. The debt, together with interest, creates a lien on all of your property in the Commonwealth. In addition to the foreclosure remedy provided by the lien, the Attorney General of the Commonwealth may recover that debt or any part of it in an action against you. You may also be liable under M.G.L. , Chapter 21E, Section 11, for up to $100,000 in fines or penalties for each violation of Chapter 21E as well as for additional penalties or damages pursuant to other statutes or common law. The Department requires a written response within fourteen (14) days of your receipt of this letter indicating whether you intend to take the necessary response actions in lieu of the Department. The Department also requires that you contract with a consultant knowledgeable in the area of hydrogeological investigation and uncontrolled hazardous waste site assessment and abatement. The consultant must submit to the Department a Phase I Limited Site Investigation Report and a Preliminary Assessment Report form (copy attached) which must be completed and returned with the Phase I site investigation report within sixty (60) days of your receipt of this letter. Please refer to 310 CMR 40.000, MCP for guidance on the purpose and scope of Phase I activities, a synopsis of which is attached for immediate reference. If the Department does not hear from you within the times specified above, or if persons acting in your behalf fail to act within the prescribed times, the Department will commence response actions and expect to recover from you to the extent of liability set forth above. 7.. i r ti J Please direct all correspondence and questions to Robert Kearns referring to .DEQE Site #SE-88-807. Very truly yours, ; Theodore J. ae44e Chief Emergency R ponseSec ion K/RJK/kd Enclosure CERTIFIED MAIL #P806655089 RETURN RECEIPT REQUESTED cc: OIR - Boston ATTN: Frank Sciannameo Barnstable Board of Health 397 Main St. Hyannis, MA 02601 Barnstable Board of Selectmen 397 Main St. Hyannis, MA 02601 Hyannis Fire Chief _ 95 High School Road Ext. Hyannis, MA 02601 ATTN: Chief Farrenkopf Mr. Gerry Susong 76 West Main St. Suite 306 Hyannis , MA 02601 AGREEMENT FOR OCCUPANCY Agreement made this L5PVday of June , 1989 , between Dennis M. Carey and the Barnstable Board of Health : Whereas, there has been an oil spill at 64 Harbor Road , Hyannis , Massachusetts , being land with a house thereon owned by said Dennis M. Carey ; Whereas , it will be necessary for said oil to be cleaned up ; Whereas , said Dennis M. Carey has hired The BSC Group to represent him as an environmental engineering group with reference to said oil spill and that BSC Group has represented to Thomas McKean and Dennis M. Carey that it will be practical and possible to begin the clean up by October 1 , 1989 ; And , Whereas , Dennis M. Carey is desirous of occupying said residence ; It is therefore agreed to by the .Board of Health for the Town of Barnstable and by Dennis M. Carey as follows : That Dennis M. Carey be allowed to occupy the first and second floors of the residence at 64 Harbor Road, Hyannis , MA either in person or by tenant based upon a test of the air done by BSC Group that should no hydro—carbons in the air on those floors but that the basement floor may not be occupied until further consent is given by the board of health after inspection and that the basement door shall be posted "No Occupancy" . That the temporary occupancy is conditioned upon the clean up being commenced on for before October 1 , 1989 , which Dennis M. Carey represents will be done if within;' his control and that he will diligently pursue the same . Dated the day first above written . Board of Health Town of Barnstable By : �T- Thomas McKean - Dennis M. Carey I 1 1 1 1 J '1 'l 1 1 ' 1 1� 1 II 1 1 1 ' PRELIMINARY REVIEW OF FUEL OIL SPILL 64 Harbor Road Hyannis, Massachusetts ' BSC File No. 4-0214.00 March 21, 1989 Prepared For: Mr. Dennis Carey Harvard Realty 4766 Route 28 Cotuit, Massachusetts 02635 Prepared By: ' The BSC Group-Cape Cod, Inc. p Madaket Place - B12 ' Mashpee, Massachusetts 02649 425 Summer Street Boston MA 02210 Madaket Place B12 Mashpee MA 02649 ' 29c:Washington Street Norwell MA 02061 March 17, 1989 ' Mr. Dennis Carey Harvard Realty 617 330 5300 t 4766 Route 28 Cotuit, Massachusetts 02635 508 477 2525 ' RE: Preliminary Review of Fuel Oil Spill 64 Harbor Road 617 659 7981 Hyannis, Massachusetts Dear Mr. Carey: ' The BSC.Group - Environmental Engineering, Inc. (BSC) is pleased to present this report relative to a preliminary review of a fuel oil spill at the above referenced ' property. This report summarizes the visual reconnaissance and research of the site, observation ' well installation and groundwater/soils sampling and analyses. Based on our preliminary review of the fuel oil spill, BSC is of the professional opinion that there is evidence which indicates a release of fuel oil has occurred at the site, ' which has impacted the site, therefore, BSC is recommending further actions to identify the extent of contamination. A proposal for these remedial actions is being submitted with this report for your approval. BSC feels uniquely qualified to continue working with you on this project. If you have Environmental any questions or comments, please do not hesitate to contact me. Thank you. ' Scientists Engineers Sincerely, Architects THE BSC GROUP-ENIVRONMENTAL ENGINEERING, INC. Planners ' Surveyors orman e Alan D. Randall ' Project Manager Associate & Southeast Environmental Group Manager cc: Mr. Jerry Susong - The BSC Group- Environmental Engineering Inc SITE REPORT RELATIVE TO OIL AND HAZARDOUS MATERIALS This report is being addressed to Mr. Dennis Carey in regard to property 'located on Harbor Road in Hyannis, Massachusetts which is shown on the attached Site Plan. This property hereinafter, is referred to as the "Site". A. The undersigned certifies that, to the best of its professional knowledge, information and belief; 1 . The investigations of the Site described in the report were performed by Alan D. Randall, Associate and Environmental Group Manager and Norman W. Hayes, Environmental Scientist. (hereinafter the "Site-Investigators") who are qualified to make the investigations and formulate the opinions herein set forth. 2. The Site Investigators are familiar with the current provisions of the Massachusetts Contingency Plan (MCP) and all implementing ' regulations under said law, including the materials which fall within the definitions of "oil" and "hazardous material" thereunder. However, all references and laboratory analyses in this report are based upon the following definitions: Priority Pollutants (per the Federal .Clean Water Act), the Massachusetts Drinking Water Standards (per 310 CMR 22) , and the National. Secondary Water Standards (per 40 CFR 143) . 3. The Site Investigators are knowledgeable regarding the type of industrial, manufacturing, commercial or other processes or operations which might reasonably be expected to generate, use, treat, store or dispose of oil or hazardous material. 4. The Site Investigators have reviewed the recent_ history of the Site and have considered the potential for the generation, use, treatment, storage or disposal of oil or hazardous material by ' (a) the uses presently associated with the Site and (b) to the extent ascertainable by inquiry as noted in the "Preliminary Review Summary", the uses previously associated with the Site. f ' 5. In February1989, the Site Investigators studied the Site and g , except as hereinafter qualified, the areas in the vicinity of the Site to assess the possible presence of oil and hazardous material on the Site. This investigation included the observations, inspections and testing described in the "Preliminary Review Summary". However, where access to portions of the Site or to structures on the Site was unavailable ,or limited, BSC renders no opinion as to the presence of hazardous material or to the presence of indirect evidence relating to hazardous material in that portion of the Site or structure. In addition, BSC renders no opinion as to the presence of hazardous material or to the presence of indirect evidence relating to hazardous material where direct observation of the interior walls, floor or ceiling of a structure on a site was ' obstructed by objects or coverings on or above these surfaces. B. Results Based on our inspection of and research into the Site, The BSC Group - Environmental Engineering, Inc. is of the opinion, that to the best of its ' professional knowledge, information and belief at the time of the inspection, evidence was observed which would indicate a release of fuel oil has occurred at the Site. C. Testing The following qualifications apply to the undersigned's opinion: 1 . Except as otherwise noted in the Preliminary Review Summary, no test pits or borings were made, nor were observation or monitoring wells installed or observed. Water level readings have been made in the test pits, borings and/or observation wells at the times and under the conditions stated on the test pit or boring logs. However, it must be noted that fluctuations in the level of groundwater may occur due to variations in rainfall and other factors different ' from those prevailing at the time the measurements were made. 1 II ' 2. Ex cept as otherwise noted in the Preliminary Review Summary, no soil, water or air samples were taken, nor were chemical or other analyses ' performed. The nature and extent of the variations between these explorations may not become evident until further exploration. If variations or other latent conditions then appear evident, it will be necessary to evaluate the conclusions and recommendations of this report. 3. Unless otherwise specified in the report, BSC did not perform testing or ' anlayses to determine the presence or concentration of asbestos or polychlorinated biphenyls (PCB's) at the Site or in the environment at the Site. ' 4. Except as noted otherwise noted within the text of the report, no quantitative laboratory testing was performed as part of the preliminary site assessment. Where such analyses have been conducted by an outside laboratory, BSC has ' relied upon the data provided, and has not conducted an independent evaluation of the reliability of these data. D. Conclusions and Recommendations ' 1 . The conclusions summarized herein are based on and limited by the observations and exploration stated in this report and the scope of services defined. This report was prepared in accordance with generally accepted practice and is based in part upon various types of chemical data and are contingent upon their validity. These data have been reviewed and interpretations made in this report. As indicated within this report, some of these data are preliminary screening level data, and should be confirmed with quantitative analyses if more specific information is necessary. Moreover, it should be noted that variations in their flow paths may occur due to season water table fluctuations, past disposal practices, and the passage of time, and other factors. Should additional chemical ' data become available in the future, these data should be reviewed by BSC, and the conclusions and recommendations presented herein modified accordingly 2. No other warranty, express or implied, is made. No other conclusions, recommendations are contained or implied in this report. No specific attempty was made to check the compliance of past or present owners or operators of the site with federal, state or local laws and regulations, environmental or otherwise. Should additional investigations discover differing conditions, sections of this report may require modification. 3. Chemical analyses have been performed for specific parameters during the ' course of this preliminary site assessment, as described in the text. However, it should be noted that additional chemical constituents not searched for during the current study may be present in soil and/or groundwater at the site. 4. Consistent with the attached terms and conditions of the proposal for services, this opinion is on behalf of and for the exclusive use of the client. No other use of the contents of this report other than those expressed are warranted without the written consent of BSC, except BSC acknowledges and agrees that the report may be conveyed by the client to the Lender and Title Insurer associated with the ' pending financial transaction of the site. It is recommended that BSC be retained to provide further engineering services during the construction and/or implementation of any remedial measures recommended in this report. This is to allow BSC to observe compliance with the concepts and recommendations ' contained herein, and to allow the development of design changes in the event that subsurface conditions differ from those anticipated. ' I certify that I have personally examined the following and am familiar with the information contained in this document and all attachments, and that, based on my inquiry of those individuals immediately responsible for this information, I believe ' that the information is true, accurate and complete. I am aware that there is significant penalties for submitting false information including possible fines and imprisonment. This report is dated March 21, 1989 and is signed by an individual who is duly authorized to do so. Sincerely, THE BSC GROUP-ENVIRONMENTAL ENGINEERING, INC. 4 orma Alan D. Randall Environmental Scientist Associate & Southeast Environmental Group Manager �i PRELIMINARY REVIEW SUMMARY r � r r r PRELIMINARY REVIEW SUMMARY r This report is prepared for Mr. Dennis Carey, Harvard Realty, 4766 Route 28, Cotuit, Massachusetts. The BSC Group - Environmental Engineering, Inc. (BSC) has conducted a preliminary review of a fuel oil spill from a fuel oil storage tank located in the basement of 64 Harbor Road, Hyannis, Massachusetts. This preliminary review included visual reconnaissance and research of the site, test borings and groundwater/soils sampling and analyses. ' SITE DESCRIPTION The site is comprised of approximately .34 acres and is referenced as Parcel 172-1 on the Town of Hyannis Assessor's Map 306. The site contains two buildings, one building located on the central portion of the site is utilized as a residence and one building located on the northeastern portion of the site is utilized as a automobile garage. There is an above round fuel oil storage tank located in the basement of h 9 9 the residence. It is estimated that approximately 2,500 gallons of #2 fuel oil has been released into ' the soils beneath the basement of the residence since June 1988, based upon fuel oil delivery records. ' There are no known private or public drinking water supplies within a one half mile radius of the site. Hyannis Harbor is located approximately 1,000 feet from the site in a southerly direction. rMr. Norman W. Hayes and Mr. Edward Warner, Environmental Scientists from BSC performed a site analysis on February 23, 1989 to determine the whether ' contamination of groundwater and/or soils had resulted from this fuel oil spill. It was determined that two observation wells were to be installed on-site to sample and analyze the groundwater and soils in the general vicinty of the fuel oil spill. 1 1 I r OBSERVATION WELL INSTALLATION ' Both observation wells were installed by Desmond Well Drillers under the supervision of an Environmental Scientist from BSC. Observation Well #1 (OW-1) was installednear the fuel oil tank on the northeast side of the house approximately three feet from the foundation of the house and was approximately twenty five feet in depth. OW-1 was advanced utilizing augers and consisted of a ten foot slotted PVC screen pipe with ten feet of solid PVC riser pipe with a backfilled silica sand filter. A bentonite seal was placed at the surface and a protective roadway box was set at grade level, Ground water was encountered at a depth of twenty three feet three inches with a ' petroleum odor. A composite soil sample was extracted from depths of five feet, ten feet, fifteen feet, twenty feet, and twenty three feet three inches, again, with a petroleum odor. Observation Well #2 (OW-2) was located in the basement of the residence, approximately three feet from the leaking fuel oil storage tank and was approximately eight feet in depth. OW-2 was advanced utilizing an electric power drill to break the concrete floor and a hand auger. A petroleum odor was encountered at two feet and this odor continued down to eight feet. A composite soil sample was extracted from depths of five feet, six feet, seven feet and eight feet. Due to the consistency of subsurface soils and the threat of collapse, this boring was backfilled. GROUND WATER/SOILS SAMPLING AND ANALYSES A ground water sample was collected from OW-1 and analyzed for volatile organic compounds (EPA methods 601 and 602) and total petroleum hydrocarbons (TPH) (EPA method 418.1). The composite soil sample extracted from OW-1 was analyzed for TPH (EPA method 418.1). The composite soil sample extracted from OW-2 was analyzed for TPH (EPA method 418.1). I �f 1 1 1 1 ANALYTICAL RESULTS ' The results of chemical analyses on ground water and soil samples revealed various levels of volatile organic compounds and TPH. The ground water sample was ' contaminated with 32 ppb (parts per billion) Benzene, 200 ppb Toluene, 70 ppb Ethylbenzene, 270 ppb m+p Xylene, 170 ppb o-Xylene. Two ground water samples were analyzed for TPH, one sample collected prior to purging the well contained 16 ppb ' TPH and one sample collected after purging contained 9 ppb TPH. All of these compounds are below the Recommended Maximum Contaminant Levels (RMCL) for Ground Water Standards (314 CMR 6.07) with the exception of Benzene which is above RMCL and indicate the presence of fuel oil in the ground water. Both composite soil samples revealed elevated levels of TPH. Soil m - P p samples from OW 1 and OW-2 were contaminated with 250 ppb and 5,600 ppb, respectively. Both of these ' levels indicate the presence of fuel oil in the soils. 1 CONCLUSIONS AND RECOMMENDATIONS Based upon our preliminary review of the fuel oil spill as described in the "Site Assessment Summary", The BSC Group - Environmental Engineering, Inc. is of the professional opinion that there is evidence which indicates a release of fuel oil has occurred at the site, which has impacted the site. 1 The spill occurred over a six month period and it is estimated that approximately pP Y 2,500 gallons of fuel oil was released into the ground beneath the basement of the ' residence on-site. Ground water and soils analyses confirmed that a release has occurred. The TPH content 1 of the soil sample extracted from OW-2 located in the basement is significantly greater than the TPH content of the soil sample extracted from OW-1 located approximately three feet from the northeast side of the house, therefore, the majority of the oil - 1 appears to be entrapped in the soils immediately below the residence, although, contamination in the ground water confirms that a portion of the fuel oil has reached the ground water table. 1 I I The only known area of concern is Hyannis Harbor, approximately 1,000 feet from the site in a southerly direction. Based upon these conclusions, BSC recommends the following: ' 1 . Installation of additional ground water monitoring wells to determine the horizontal and vertical extent of ground water and soil contamination on-site. 2. Determine relative ground water flow and direction. 3. DEQE be appropriately notified of our investigation to date. i r 1 1 r APPENDICES 1 APPENDIX 1 SITE LOCUS SITE PLAN APPENDIX 2 OBSERVATION WELL INSTALLATION LOGS APPENDIX 3 ANALYTICAL RESULTS OF GROUNDWATER AND SOILS r 1 1 1 1 1 r r r r r APPENDIX 1 SITE LOCUS AND SITE PLAN I �' %y.�° • _ O�`� �1Tgwer3� `�F ate' h• 38 �• ��'',, , ;; �+ .�-/ �\ Y�. ',..n;� �� A� ,.�,�_ 1—��R LE iCfRA�:'AFR `RTOK ��% rn '1U c•i (��\\��af�r �`,i--.air� / .•��; 1_� �/' � `� WCV 30 bo^ y� a �, pp \� `� •. .. v �'.t. �J </I/� (\� /!�/' T' Nt V1 ��l OQ-.$O. i��l `:,fU., i�' •_�i• 9 5bT V \�/.�!: h \\' .h' �1 'lr.� � - 1e99sa ��-K..Iw� �.'� � 7• iZ—s._as(28 � ° r•�,� //10 1 ki Ca Fir it fe eat 11 v� T9 Sch s sa CG71 I•'I•�. •,•� 'r• \;� I V " v 3 AI .l\\\�. � -eGi�, k i� _ ..:�"IafbOl F'�'' 'c r�•r al• i 'm °• �^ r =C Nec o -)Bluff Neteranj 1 rsor+ sr W �I Memoria`; \ 1 .�f,....•'•.•,••, \• B l:.'( J' §Park, / ROAD I ) ,`• {� �. ` • � ni i 4.- Kalmus \i?O� 1•• _ I // bceAw �' C I`@eecn \ • �o i ems;?, a 'r "r • Durtti: HYANNIS HA 0_R �; l flaw . /'!�;1N,�'• � + y* * ter,-/ � �i� M • • 1 USGS LOCUS MAP JobNo.4►0214.00 Fig. ' Horizontal Scale in Feet/:2,5,000 i t OW- OBSERVATION WILL o FUEL OIL TANK rij Do 1 � OW 0 - House fo p 0W l — — gri_veWoy Garage e 9 WARREN AVENUE 1 SITE PLAN . . Job No.4.02/4.00 Fig. 2 Horizontal Scale in Feet N !. J i APPENDIX 2 OBSERVATION WELL INSTALLATION LOGS I i ' TEST BORING LOG BSC Project No. Client IC^JAJ/S CA IQ Fy BORING Z Sh 1 of Total Depth A 8 FFE i Location7/[•►E-rrf-H)1AA1A1rSIIVA Loggedby &-"�(AJAQD ir�AQwlE.e- ES-e_ Date Started a- 93- 89 Completed a - 13 - 1?9 BSC Division ' Casing ID Ground Elevation Contractor Z�6,0pS bdM, &V2,-Gt�EGL )tI_ Remarks ZHPVG u e4-. . ToaK. tija-'-tf-SQniA] a 6o/I6o9 AleGe—)— TA• AIL Sample m n�, c' Equipment 1 a, Q a y = Q, Sample Description o '� � E o n o C c 05 v Installed z I I TOP 50/C- F/A)E ro Mel'-.519'JD W GIdAUEL o1 � - Rom 8�x 1nJE To MEa1c414 SAAJa w b AjEL- R r11J E. T& 1146DiU.4 .SAAJb w/�,eAL/ t21se 2 I E To MEN/JJM 5AAJD CAJ/G2/AUCL F/AjE To M ED 1 UM SAND Lc1 1(r,PAUEL � /../E >o Min Si9AJt1 12i��JZ I I I 18 r/�JE To ,vlE�, 5/3tiJ� � 1 n./E 7o M E� CCMPOS/T45- SO/L SW MPT TAIICAI # I Groundwater•Measurements Summary Date Time Depth to Groundwater Measuring Point Overburden: 3 / Rock: _6 Well Depth: r i Boring: 2 / � E-1-2 5i rr rr rr rr rr rr rr rr rr �r r rr r■ rr r■ � r it rr r Depth m N W o m Feet m ,n= Q o m m Type& 51 o Number W �. 3Blows O o co \ per " 6In. d 3 ^Z 0 o c �\ Depth m Z Range r s 3E O o Rec. q � r o o n a m Strata l^ C w v Change n ?Ln ycn m � i O . o oLU o ocr O U1 Z c o CA cu o m `w N _ ,n v "- QCD 0 ... CD Ph a -� z5 CAfi o f APPENDIX 3 ANALYTICAL RESULTS FOR GROUNDWATER AND SOILS ' GROUNDWATER ANALYTICAL ' EPA METHODS 601 and 602 Volatile Organics (GC/PID/ELCD) Sample Designation: Well 1 Project Name/Number: Carey/4021400 Laboratory Number: 905412 Date Analyzed: 02-24-89 Sample Matrix:. Water PARAMETER CONCENTRATION DETECTION LIMIT (ug/L) (ug/L) Dichlorodifluoromethane BDL 125 ' Chloromethane BDL 25 Vinyl Chloride BDL 25 Bromomethane BDL 125 ' Chloroethane BDL 25 Trichlorofluoromethane BDL 25 1, 1-Dichloroethene BDL 25 Methylene Chloride BDL 25 trans-1,2-Dichloroethene BDL 25 Methyl tertiary Butyl Ether * BDL 250 1, 1-Dichloroethane BDL 25 cis-1, 2-Dichloroethene * BDL 25 Chloroform BDL 25 1, 1, 1-Trichloroethane BDL 25 Carbon Tetrachloride BDL 25 Benzene 32 25 1, 2-Dichloroethane BDL 25 Trichloroethene BDL 25 1, 2-Dichloropropane BDL 25 Bromodichloromethane BDLi 25 2-Chloroethylvinyl Ether BDL 25 ' trans-1, 3-Dichloropropene BDL 25 Toluene 200 25 cis-1, 3-Dichloropropene BDL 25 1, 1, 2-Trichloroethane BDL 25 Tetrachloroethene BDL 25 Dibromochloromethane BDL 25 ' Chlorobenzene BDL 25 Ethylbenzene 70 25 m+p Xylene * 270 25 o-Xylene * 170 25 ' Bromoform BDL 25 1, 1, 2 , 2-Tetrachloroethane BDL 25 1, 3-Dichlorobenzene BDL 25 1, 4-Dichlorobenzene BDL 25 1, 2-Dichlorobenzene BDL 25 Sample dilution required to keep parameters within calibration. BDL = Below Detection Limit. "Trace° indicates probable presence below listed detection limit. ' Non-target compound. Method References: Method 601 - Purgeable Nalocarbons and Method 602 - Purgeable Aromatics, 40 C.F.R. 136, Appendix A (1986). GROUNDWATER _ ANALYTICAL ' EPA METHOD 418. 1 Total Petroleum Hydrocarbons (IR) ISample Designation: Sample #1 Project Name/Number: Carey ' Laboratory Number: 906203 Date Analyzed: 03-06-89 Sample Matrix: Water I PARAMETER CONCENTRATION DETECTION LIMIT (mg/L) (mg/L) Total Petroleum Hydrocarbons 9 1 ' BDL = Below Detection Limit. "Trace" indicates probable presence below listed detection limit. Method Reference: Method 418.1 (Spectrophotometric, Infrared) - Petroleun Hydrocarbons, Total Recoverable, Methods for Chemical Analysis of Water and Wastes, US EPA EPA-600/4-79-020, Revised March 1983. ' GRDUNDWATER - ANALYTICAL 1 EPA METHOD 418. 1 Total Petroleum Hydrocarbons (IR) Sample Designation: Sample #2 Project Name/Number: Carey ' Laboratory Number: 906204 Date Analyzed: 03-06-89 Sample Matrix: Water PARAMETER CONCENTRATION DETECTION LIMIT ' (mg/L) (mg/L) Total Petroleum Hydrocarbons 16 1 ' BDL = Below Detection Limit. "Trace" indicates probable presence.below listed detection limit. Method Reference: Method 418.1 (Spectrophotometric, Infrared) - Petroleum Hydrocarbons, Total Recoverable, Methods for Chemical Analysis of Water and Wastes, US EPA EPA-600/4-79-020, Revised March 1983. GROUNDWATER ' ANALYTICAL ' EPA METHOD 418. 1 Total Petroleum Hydrocarbons (IR) Sample Designation: Soil #1 North Project Name/Number: Carey/4021400 Laboratory Number: 905410 ' Date Analyzed: 02-28-89 Sample Matrix: Solid PARAMETER CONCENTRATION DETECTION LIMIT (mg/Kg) (mg/Kg) Total Petroleum Hydrocarbons 250 15 BDl = Below Detection limit. "Trace" indicates probable presence below listed detection limit. Method Reference: Method 418.1 (Spectrophotometric, Infrared) - PetroleLan Hydrocarbons, Total Recoverable, Methods for Chemical Analysis of Water and Wastes, US EPA EPA-600/4-79-020, Revised March 1983. Modified for solids. 1 GROUNDWATER ' ANALYTICAL rEPA METHOD 418. 1 Total Petroleum Hydrocarbons (IR) ' Sample Designation: Soil #2 Down 81 Project Name/Number: Carey/4021400 Laboratory Number: 905411 Date Analyzed: 02-28-89 Sample Matrix. Solid r PARAMETER CONCENTRATION DETECTION LIMIT (mg/Kg) (mg/Kg) Total Petroleum Hydrocarbons 5, 600 15 1 i r r r r r 8DL = Below Detection limit. ",race,, indicates probable presence below listed detection limit. Method ' Reference: Method 418.1 (Spectrophotometric, Infrared) - Petroleum Hydrocarbons, Total Recoverable, Methods for Chemical Analysis of Water and Wastes, US EPA EPA-600/4-79-020, Revised March 1983. Modified for solids. r i `425 Summer Street Boston MA 02210 Madaket Place B12 Mashpee MA 02694 293 Washington Street Norwell MA 02061 June 7, 1989 " 617 330 5300 Mr . Dennis Carey Harbor Road 508 477 2525 Hyannis, MA 02601 617 659 7981 Dear Mr . Carey On May 31, 1989 the BSC Group - Environmental Engineering, Inc. , (BSC) conducted a survey for the presence of organic vapors within the interior of the Carey house by using an. HNu photoionization detector . These organic vapors are commonly released by liquid petroleum products. A geologist surveyed all rooms on. each of the three floors of the house by checking at floor, ceiling, and at breathing levels. No organic vapors were detected on the first or second -floors, .or the living area of the basement .floor . Organic vapors of 300 ppm (parts per million) were detected within several inches of minor oil staining on the floor of the basement utility room in the proximity of the oil burner . No other organic vapors were detected in this room. Sincerely, THE BSC GROUP ENVI'RONMENTAL ENGINEERING, INC. Michael Healey Project Manager The BSC Group- Environmental Engineering Inc �1 ' 1 i 4