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Home My WebLink About43-55 IYANNOUGH ROAD/RTE 28 - Health r 43-55-Iyanough Rd. H �yI 1 �I �! 0 P h b �I q i 0 f i a� k 1� b/ i� f I�� o HorsleyWitten Group Sustainable Environmental Solutions 90 Route 6A.• Sandwich, MA - 02563 Phone-508=833-6600 Fax-508-833-3150 www.horsleywitten.com- September 15, 2008 , CERTIFIED MAIL Mr..Vincent D'Olimpio 75 Powder Hill Road Barnstable, MA 02630 Re: Phase V Status Report#8 '43-55 lyanough Road, Hyannis, NIA 02601 RTN 4-15670 Dear'Mr. D'Olimpio: The Horsley Witten Group, Inc.:(HW)has prepared the attached Phase:V Status Report related to the commercial property located at 43-55 Iyanough Road, Hyannis;Massachusetts. As you know, this report was submitted'ori September 12, 2008;to the Massachusetts Department of i Envirortmental.Protection via the.eDEP electronic submittal system;on behalf of the D'Olimpio Real-Estate Trust, 75 Powder Hill Road,.B;arnstable, Massachusetts: This:report summarizes the findings.associated with the chosen remediat action for this site,. monitored natural attenuation., Petroleum-related compounds were.identified in groundwater samples collected from monitoring`wells at the site. HW will continue to monitotthese conditions and submit another status report, or other related documentation as required by t :. Massachusetts.Contingency Plan'310 MR 40.0000. ::,... If you have any questions please contact me at(508).833 6600 or,by email at CO ion o horsle itten:com. , . J g 6 Y ' Sincerely,, cn . t HORSLEY WIT N GROUP ITC Joseph E: Longo Courtney J. Aboltin Associate Principal` Geolo.gist`. Enclosures cc: .` Barnstable Board of Health(cover letter only) Barnstable'Town Administrator(cover letter only) �. K:\931 D Olimpio\Phase V\Rpt 8\cvrltr.doc Sandwich Boston Providence. Smart Growth - Integrated Water Management •Wastewater Management Stormwater,Management Civil,B EnvironrnentalEngineering. Wetlands Assessment - Hydrogeology.&Water Supply coastal Management.• Site Assessment&Remediation • Land Use Planning.• Graphic Services • Education&Outreach Horsley Witten Group Sustainable Environmental Solutions 90 Route 6A • Sandwich, MA • 02563 Phone-508-833-6600 Fax-508-833-3150 www-horsleywitten,com < March 13, 2008 CERTIFIED MAIL Mr. Vincent D'Olimpio 75 Powder Hill Road Barnstable, MA 02630 Re: Phase V Status Report #7 43-55 Iyanough Road, Hyannis,,MA 02601 RTN 4-15670 Dear Mr. D'Olimpio: The Horsley Witten Group, Inc. (HW) has prepared the attached Phase V Status Report related to the commercial property located at 43-55 Iyanough Road, Hyannis, Massachusetts. As you know, this report was submitted on March 11, 2008, to the Massachusetts Department of Environmental Protection via the eDEP electronic submittal system on behalf of the D'Olimpio Real Estate Trust, 75 Powder Hill Road, Barnstable, Massachusetts. This report summarizes the findings associated with.the chosen remedial action for this site, monitored natural attenuation. Petroleum-related compounds were identified in groundwater samples collected from monitoring wells at the site. HW will continue to monitor these conditions and submit another status report, or other related documentation as required by the Massachusetts Contingency Plan 310 CMR 40.0000. If you have any-questions please contact me at (508) 833-6600 or by email at jlongo@horsleywitten.com. Sincerely, HORSLEY WITTEN GROUP, INC. /^` ILI Joseph E. Longo Courtney J. Abo'kiiD Associate Principal Geologist -A fV �' Enclosures, cc: Barnstable Board of Health (cover letter only) Barnstable Town Administrator(cover letter only) KA931 D Olimpio\Phase V\Rp,t 7\cvr ltr.doc Sandwich Boston Providence Smart Growth - Integrated Water Management - Wastewater Management • Stormwater Management Civil&EnvironmentalEngineering •Wetlands Assessment Hydrogeology&Water Supply - Coastal Management - Site Assessment&Remediatio n - land Use Planning - Graphic Services - Education&outreach Horsley Witten Group � A Sustainable Environmental Solutions 90 Route 6A • Sandwich, MA • 02563 Phone-508-833-6600 Fax-508-833-3150 wwwhor§ieywitten.com s' March 7, 2007 VIA FEDERAL EXPRESS Ms. Julie Hutcheson Department of Envirorlmental.Protection 20 Riverside Drive Lakeville, Massachusetts 02347 Re: Phase V Status Report #5 43-55 Iyanough Road, Hyannis, MA 02601 RTN 4-15670 , . w Dear Ms. Hutcheson: The Horsley Witten Group, Inc. (HW) has prepared the attached Phase V Status Report related to the commercial property located at 43-55 Iyanough Road, Hyannis, Massachusetts on behalf of ' Trust 75 Powder Hill Road Barnstable Massachusetts. the D Olimpio Real Estate , This report summarizes the.findings associated with the chosen remedial action for[this site; monitored natural attenuation. ,Petroleum"-related compounds were identified in groundwater samples collected from monitoring wellstat the site:''HW will continue to monitor-these ,l conditions and submit anotherlstatus report, or other related documentation as requroed by the Massachusetts Contingency Plan 310 CMR 40.0000. 00 h If you have any questions please contact me at (508) 833-6600 or by email at ,; jlongo@horsleywitten.com. 1 - Sincerely, HORSLEY WITTEN GROUP, INC. ram' Joseph E. Longo Courtney J. A Senior Project Manager Geologist Enclosures ec ._ Mr Vincent b-'Ohmpio Barnstable Board oealth (cover letter-only) f H Barnstable Town Administrator cover letter,only) - K:\931 D Olimpio\Phase V\Rpt 5\dep cvr Itr.doc Sandwich Boston Providence Smart Growth inlearated Water Management • Wastewater Management Ste,mwater Management civil&EnvironmcntalEngineering Wetlands Assessment Hydrogeology&Water Supply . coastal.Management • Site Assessment 8 Remediation Land Use Planning • Graphic Services • Education&outreach . Horsley Witten Group Sustainable Environmental Solutions 90 Route 6A • Sandwich; MA • 02563 . Phone-508-833-6600 Fax-508-833-3150 www.horsleywitten.com x September 12, 2006 VIA FEDERAL EXPRESS Ms. Julie Hutcheson Department of Environmental Protection 20 Riverside Drive Lakeville, Massachusetts 02347 Re: Phase V Status Report#4 �•43-55 Iyanough Road, Hyannis,MA 02601 RTN 4.15670 Dear Ms. Hutcheson: The Horsley Witten Group, Inc. (HW) has prepared the attached Phase V Status Report related to the commercial property located at 43-55 Iyanough Road,Hyannis,Massachusetts on behalf of the D'Olimpio Real Estate Trust, 75 Powder Hill Road, Barnstable,Massachusetts. This report summarizes•the findings associated with the chosen remedial action for this site, monitored natural attenuation.� Petroleum-related compounds were identified in groundwater samples collected from monitoring wells at the site. HW will continue to monitor these conditions and submit another status report, or other related documentation as required by the Massachusetts Contingency-Plan 310 CMR 40.0000. If you have any questions please contact me at (508) 833-6600 or by email at jlongo@horsleywitten.com. - Sincerely, HORSLEY WITTEN GROUP,INC. Joseph E. Longo '' i 4 t.. Senior Project Manager ! — CD f JEL/db Enclosures . cc: Mr. Vincent D'Olimpio Barnstable Board of Health(cover letter only) Barnstable Town Administrator(cover letter only) KA931 D 01impiciThase V\Rpt 4\dep cvr ttr.doe Sandwich Boston Providence AQ Smart Growth • Integrated Water Management Wastewater Management • Stormwater Management Civil&EnvironmentalEngineerin.g wetlands Assessment Hydrogeology&Water Supply • Coastal Management • Site Assessment&Remediation • Land Use Planning • Graphic Services • Education&Outreach Horsley Witten Group -. Sustainable Environmental Solutions " 90 Route 6A • Sandwich; MA • 02563 Phone-508-833-6600 Fax-508-833-3150. www.horsleywitten.com March 10, 2006 VIA FEDERAL EXPRESS Ms. Julie Hutcheson Department of Environmental Protection 20 Riverside Drive Lakeville, Massachusetts 02347. Re: Phase V Status Report#3 43-55 Iyanough Road, Hyannis, MA 02601 RTN 4-15670 Dear Ms. Hutcheson: The Horsley Witten Group, Inc. (HW) has prepared the attached Phase V Status Report related to the commercial property located at 43-55 Iyanough Road, Hyannis, Massachusetts on behalf of the D'Olimpio Real Estate Trust, 75 Powder Hill Road, Barnstable, Massachusetts. This report summarizes the findings associated.with the chosen remedial action for this site, monitored natural attenuation. Petroleum-related compounds were identified in groundwater samples collected from`.monitoring wells at the site. HW will continue to monitor these conditions and submit another status report,or other related documentation as required by the Massachusetts Contingency Plan 310 CMR 40.0000. If you have any questions please contact me at (508) 833-6600 or by email at jlongo@horsleywitten.com. Sincerely, HORSLEY WITTEN GROUP, 1k 1 Joseph E. Longo Senior Project Manager -� JEL/j ea C.? OD rat Enclosures cc: ` Mr.'Vincent D'Olimpio Barnstable Board of Health(cover letter only) Barnstable Town Administrator(cover letter only) KA931 D OlimpioThase V\Rpt 3\dep cvr Itr.doc Sandwich Boston Providence Smart Growth Integrated Water Management Wastewater Management • Stormwater Management Civil&EnvironmentaiEngineering wetlands Assessment _ Hydrogeolegy&Water Supply • Coastal Management-• Site Assessment&Remediation Land Use Planning Graphic Services-• Education&Outreach Horsle' Witten Group 3 X: Sustainable Environmental Solutions 90 Route 6A • Sandwich, MA 02563 Phone-508-833-6600 Fax-508-833-3150 www.horsleywitten.com March 15, 2005 Ms. Julie Hutcheson Department of Environmental Protection 20 Riverside Drive Lakeville, Massachusetts 02347 Re: Phase V Status Report#1 43-55 Iyanough Road, Hyannis,MA 02601 RTN 4-15670 Dear Ms. Hutcheson: The Horsley Witten Group, Inc. (HW) has prepared the attached Phase V Status Report related to the.commercial property located at43-55 Iyanough Road, Hyannis, Massachusetts on behalf of the D'Olimpio Real Estate Trust, 75 Powder Hill Road, Barnstable,Massachusetts. This report summarizes the findings associated with the chosen remedial action for this site, monitored natural attenuation. Petroleum-related.compounds were identified in groundwater samples collected from monitoring wells at the site. HW will continue to monitor these conditions and submit another status report,or other.related documentation as required by the Massachusetts Contingency Plan 310 CMR 40.0000. If you have any questions please contact me at (508) 833-6600 or by email at jlongo@horsleywitten.com. Sincerely, HORSLEY WITTEN CdROUP Joseph E. Longo Senior Project Manager JEUjea Enclosures cc: Mr. Vincent D'Olimpio Barnstable Board of Health (cover letter only) Barnstable Town Administrator(cover letter only) KA931 D 01impio\Phase V\Rpt 1\dep cvr ltr.doc Sandwich Boston Providence Smart Growth • Integrated Water Management • Wastewater Management• Stormwater Management • Civil&Environmental Engineering Wetlands Assessment Hydrogeology&Water Supply • Coastal Management Site Assessment&.Remediation Land Use Planning • Graphic Services •.Education&Outreach - r Horsley Witten Grou p Sustainable Environmental Solutions 90 Route 6A • Sandwich; MA 02563 Phone-508-833-6600 Fax-508-833-3150 www.horsleywitten.com " August 9, 2004 ` Ms. Julie Hutcheson Department of Environmental Protection, 20 Riverside Drive Lakeville,Massachusetts 02347 . Re: Phase IV Remedial Implementation Plan Remedy Operation Status Submittal 43-55 Iyanough Road, Hyannis, Massachusetts 0260E RTN 4-15670 Dear Ms.Hutcheson: The Horsley Witten Group has prepared the attached Phase IV Remedial Implementation Plan and Completion Statement and Remedy Operations Status submittal for the commercial property located at 43=55 Iyanough Road, Hyannis,Massachusetts on behalf of the D'Olimpio Real Estate Trust, 75 Powder Hill Road, Barnstable, Massachusetts.. The Phase IV establishes the planned activities for Monitored Natural Attenuation as the chosen remedial action. The site is now in Phase V, Remedy Operations Status. If you have any questions please contact me at (508) 833-6600 or by email at jlongo @horsleywitten.com. Sincerely, HORSLEY WITTEN GROUP l Joseph E. Longo Senior Project Manager Enclosures cc: Mr. Vincent D'Olimpio Barnstable Board of Health (cover letter only) Barnstable Town Administrator(cover letter only) KA931 D OlimpioThase Mdep cvr ltr.doc Sa A t idr 0 S C.1 i f e Smart Growth tniegrated Water Management VV';Stewnler Mianagemeni 94ormwater CM!&_nvironmenizi Engineering Watiands Assessment ccrk:,- - _j Sup Cc�_� o.. �. r s. -hi:._, ^!a-:ai: G .-i r•icas :.coca _... :.. f Horsley Witten Group Sustainable Environmental Solutions 90 Route 6A • Sandwich, MA 02563 Phone-508-833-6600 Fax-508-833-3150 www.horsleywitten.com July.16, 2004 Ms. Julie Hutcheson Department of Environmental Protection 20 Riverside Drive Lakeville, Massachusetts 02347 Re: Revised Phase III Remedial Action Plan 43-55 Iyanough-Road, Hyannis; Massachusetts 02601, RTN 4-15670 Dear Ms. Hutcheson: The Horsley Witten, Group has prepared the attached Amended Phase III Remedial Action Plan and DEP transmittal form (BWSC-108) regarding 43-55 Iyanough Road, Hyannis, Massachusetts on behalf of the D'Olimpio Real Estate Trust, 75 Powder Hill Road, Barnstable, Massachusetts. The Revised Phase III presents additional remediation alternatives for the site. The property was assigned the release tracking number 4-15670 after the discovery of petroleum-related compounds above the applicable DEP standards during August 2000. If you have any questions please contact the undersigned at.(508) 833-6600. Sincerely, HORSLEY WITTEN GROUP i j Joseph E. Longo Senior Project Manager Enclosures cc: Mr. Vincent D'Olimpio Barnstable Board of Health (cover letter only) Barnstable Town Administrator (cover letter only) K:\931 D Olimpio\Phase III Amended\dep cvr ltr.doc Sandwich Boston Providence .. Smar;Growth • Integrated Water Management Wastewater Management Stonnwater Management Civil&Environmental Engineering Wetlands Assessment - Hydrooeology&Water Supply • Coastal Management • Site Assessment&Re.me-diation • Land Use Planning •Graphic Services • Educatlom&Outreach August 12, 2002 �3 Ms. Julie Hutcheson Department of Environmental Protection 20 Riverside Drive Lakeville,Massachusetts 02347 Horsley&Witten,Inc. 90 Route 6A Re: Immediate Response-Action Completion Report 43-55 Iyanough Road,Hyannis, Massachusetts 02601 Sandwich,MA RTN 4-16577 02563 Phone 508.833.6600 Dear Ms. Hutcheson: . • Fax•508.833.3150 Horsley&Witten, Inc. has prepared the attached Immediate Response Action www.horsleywitten.com Completion Report and.DEP transmittal form(BWSC-105) describing conditions associated with 43-55 Iyanough Road,,Hyannis, Massachusetts on behalf of the D'Olimpio Real Estate Trust, 75 Powder Hill Road, Barnstable, Massachusetts. Immediate Response Action's were undertaken in response to the discovery of a Condition of Substantial Release Migration during preparation of a Phase L. I_ Comprehensive Site Investigation and Tier Classification in August 2001. This property was previously assigned the.release tracking number 4-15670 after the discovery of gasoline-related soil and groundwater contamination. In accordance with i the letter issued by DEP dated June.18, 2002 regarding this deadline,this IRA completion report allows future response actions to be undertaken as Comprehensive Response Actions under the original release tracking number. A Phase II Comprehensive Site Assessment is due for completion on or before August 2003. j If you have any questions please contact the undersigned"at(508) 833-6600.. Sincerely, i HORSLEY&WITTEN INC., i i I Joseph E. Longo i Senior Environmental Engineer i i Enclosures cc: Mr. Vincent D'Olimpio Shephard Johnson,Esq. Barnstable Board of Health (cover letter only) Barnstable Town Administrator(cover letter only) Mr. Jonathan Hobili, DEP-SERO (cover,letter only) i A S r� i COMMONWEALTH OF MASSACHUSETTS F EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS m , DEPARTMENT OF ENVIRONMENTAL PROTECTION 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 JANE SWIFT � BOB DURAND Governor RECEIVED Secretary LAUREN A.LISS DEC 2 0 2001 Commissioner ® TOWN OF BARNSTABLE December 17, 2001 HEALTH DEPT. Vincent D'Olimpio RE: BARNSTABLE-BWSC/SMP D'Olimpio Real Estate Trust RTN 4-15670 75 Powder Hill Road 43-55 Iyanough Road Barnstable, Massachusetts 02630 TRANSMITTAL #W022807 NOTICE OF PERMIT EFFECTIVE DATE Dear Mr. D'Olimpio: Enclosed please find the first page of the.Permit that you accepted and signed for the above- referenced site indicating the Permit's effective date of December 11, 2001 and expiration date of December 11, 2006. The effective and expiration dates are calculated based upon the date the Department of Environmental Protection,Bureau of Waste Site Cleanup(the Department),received the signed Tier IC Permit from you. Please attach this page to the Tier IC Permit already in your possession. The Department urges you to review and familiarize yourself with the terms and conditions of the Permit and the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000 et seq., in order , to complete the required response actions within.the timelines set forth therein. Failure to comply with the deadlines in the Permit and MCP may result in the Department taking enforcement actions against you,including,but not limited to,the assessment of Administrative Penalties. Please be advised that if a Response Action Outcome (RAO), pursuant to 310 CMR 40.1000, or Remedy Operation Status, pursuant to 310 CMR 40.0893, can not be achieved at this site prior to the expiration date of this.permit, an application for a Permit Extension must be submitted to the Department. Such application must be filed with the Department 90 days prior to the expiration date of this permit. This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. DEP on the World Wide Web: http://www.magnet.state.ma.us/dep 10 Printed on Recycled Paper r BARNSTABLE-BWSC/SMP RTN 4-15670 Page 2 of 2 Notice of Permit Effective Date If you have any questions please call Mr. Brian Smith at(508) 94672717. Sincerely, erard M.R. Martin; ief Site Management&Permitting Section M/BTS/re CERTIFIED MAIL NO. 7001 0320 000'1 4830 5745 RETURN RECEIPT REQUESTED Enclosure cc: (without Enclosures) Town Administrator 200 Main Street Hyannis,MA 02601 ATTN: John Klimm Board of Health 200 Main Street Hyannis, MA 02601 ATTN: Ed Barry James F. Begley Horsley& Whitten,Inc. 90 Route 6A Sandwich, MA 02563 DEP- SERO Attn: Millie Garcia-Surette,Deputy Regional Director Cathy Kiley, Permitting Branch Chief Data Entry ,w COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS d DEPARTMENT OF ENVIRONMENTAL PROTECTION 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 O,M Ste JANE SWIFT a- BOB DURAND Governor �°EC,F ,r [A Secretary 1 LAUREN A.LISS S E P 1 7 2 o 01 Commissioner 0 D TOWN OF SARNSIA13Lf: September 13,2 HEALTH DEpr Vincent D'Olimpio RE: BARNSTABLE-BWSC/SMP RTN 4-15670 D'Olimpio Real Estate Trust 43-55 Iyanough Road 75 Powder Hill Road TRANSMITTAL#W022807 Barnstable, Massachusetts 02630 INITIAL PERMIT APPLICATION STATEMENT OF ADMINISTRATIVE COMPLETENESS Dear Mr. D'Olimpio: The Department of Environmental Protection, Bureau of Waste Site Cleanup (the Department), has completed its Administrative Review of the Permit Application for the above- referenced site and determined it to be administratively complete. This determination.was made on September 13, 2001. Accordingly,the Department will begin its Technical Review. According to 310 CMR 4.04, the Department now has to complete its Technical Review and issue a final decision to grant or deny the permit. The Department may request additional information during the course of the Technical Review. This Initial Technical Review Period(T-1) shall result in either a decision to grant or deny the permit, a proposed permit decision, or a statement of Technical Deficiencies. Pursuant to 310 CMR 40.0722 (2), a Public Comment Period (PC-1) of 20 days shall run concurrently with T-1 for those persons who notified the Department of their interest in reviewing or submitting written comments on the permit application. The permit application for the above referenced site is now available for review and comment in the Department's Regional Service Center located in Lakeville, Massachusetts. The comment period for this document ends on October 3, 2001. When submitting comments to the Department, please include the site name, Transmittal Number and the site Release Tracking Number 4-15670. Please submit comments in writing to: Ms. Cathy Kiley Department of Environmental Protection 20 Riverside Drive Lakeville, Massachusetts 02347 This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. DEP on the World Wide Web: http://www.magnet.state.ma.us/dep Z,0a Printed on Recycled Paper Barnstable-13WSC/SMP RTN 4-15670 Page 2 of 3 Statement of Administrative Completeness Pursuant to 310 CMR 40.0722 (2)(e) and 310 CMR-4.04(2)(b)2.c., if a Statement of Technical Deficiencies is issued, the applicant shall respond to the Department within 30 days of issuance of such Statement.of Deficiencies by submitting any additional material to support the application and address deficiencies. Pursuant to 310 CMR 4.04 (2) and 310 CMR 40.0721 (5), a determination of Administrative Completeness shall not constitute any finding with respect to the technical suitability, adequacy or accuracy of the material submitted, and shall be no bar to a request to amend, revise, replace, or supplement such materials based on technical suitability, adequacy or accuracy. The Department may request additional information during the course of the Technical Review. Withdrawal of the permit application shall be subject to the provisions of 310 CMR 4.04(3) (d). In accordance with 310 CMR 4.04(2)(f) and 310 CMR 40.0720 (3),the applicant and the Department may, by written agreement, extend any schedule for timely action or any portion thereof. Provided your application is technically adequate, and none of the contingencies outlined in 310 CMR 4.04 occur,the Department will issue a final decision within the timeframes listed in 310 CMR 40.0722. You will be entitled to a refund of your application fee should the Department fail to complete its final review of your application and make a decision to grant or deny the permit within these timeframes. If you have any questions,please call Ms. Cathy Kiley at(508) 946-2839. Sin erard M.2Martin, Chief Site Management&Permitting Section M/MCK/re CERTIFIED MAIL NO. 7001 0320 0001 48314280 RETURN RECEIPT REQUESTED cc: Town Administrator 367 Main Street Hyannis,Massachusetts 02601 ATTN: John Klimm. Board of Health 367 Main Street Hyannis,Massachusetts, 02601 ATTN: Ed Barry J I Barnstable-BWSC/SMP RTN 4-15670 Page 3 of 3 Statement of Administrative Completeness cc: James F. Begley Horsley& Whitten, Inc. 90 Route 6A Sandwich, MA 02563 DEP-SERO ATTN: Millie Garcia-Surette,Deputy Regional Director P . g Cathy Kiley,Permitting Branch Chief Data Entry September,ll, 2001 RECEII/ ' y i Ed Barry } S P 1 7.. 2001 Barnstable Board of Health, TowN of BARNST ABLE 367 Main Street, 3"Floor HEALTH DEPT.; Horsley&Witten,Inc Hyannis,Massachusetts 02601 Sextant Hill Re: Phase I Initial Site Investigation and:Tier Classification. 90 Route 6A 4 5'Iy�ough Road `Hyannis,Massachusetts 02601 $a1dwich,MA RTN 4-15.670 02563 Dear Mr. Barry: , (508)833-6600" Fax(508)833-3:50 Horsley&Witten,Inc.,has completed Phase"I Initial Site Investigation Report and TierClassification describing conditions associated'with 43-55 Iyanough Road; Hyannis; Massachusetts on behalf of the D'Olimpio Real Estate Trust and Mr..Vincent D'Olimpio, 75 Powder Hill Road,Barnstable,.Massachusetts. The site has received a Tier IC designation as,defined by the Massachusetts: Contingency Plan 3-10.CMR 40.0000 (MCP). Attached please-find the public notification that was made in the Cape Cod Times on August 22,' 2001-as required by the MCP. If you have any questions please contact the undersigned at(508)-833-6600. Sincerely, HORSLEY,&WITTEN INC., R Joseph E.-Longo 'Environmental Engineer Enclosures THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I m DATA M Y31 ��Caple Coed T nies PROOF OF PUBLICATION z r NOTICE v^E Tien f CLASS rtCfiTfUN a3 55}YANOUGH RGAD 1 Date: ' HYANNIS AAA D2601 „ R1 N i'u sc ant,to tfie'Fhassachusetts Contrngency,Ffan (370 CIM 40 Q480) an'lniUal Ste (rives gaYion has been perform d aY the'above referenced locazron. fa A release of oil an J1 hazardoiis m tenalsshas occurred at t hi s 'I which=is a disposal site(as_defined,by M C L c:.21 E Sec p b 2) This site has Been reclassified as Trer I C 310 CMR,40on 0500) and Tier 1(C)Petmd ( ) ( Department of Environmental Pro ecUOr°n cp Ong subs to the 40 0703 A )prs uu to ant to 310 Cfvf R permit is required to proceed with a_Comprehensive Re,medial Responses at a!{Tier I sites rR _ 'Abyone rirtere,,ted in reviewmg'ttie pernrt,appticabn�should no-:`#'+tify.pEP by venting to DEP., BUREAU OF WASTE SITECLEANUP, SOtJTf EAST REGIONAL OFFICE;20 FiIVERSIDEDR}VE IAKEVILLE; _MA 02346 h anyone ?no tifie DEP of his or her intere in reviewing or- )r suo ni$bng Comm'-nt on tih.Tier I pertnrt applicarton:DEF.wril,con f duct a pubs c comment}evies�period;of twenty'(20)days which'on-run cQncLrrentfy wrth DER''Initial Technicai.Review•of tf a appfica-: ton Anyone Whofarts to notify DEP,in venting of his/her interest in commenting on the apple^at on b Yhe:abave d tom 1 be deemed to i 5 ve wa ved his/her ngnts,if an} to appear DE s perm,decision-6P Yo intertrene in anadiudiCatory pr ceedrrg with respect to this appL- 'cation,`pursuant to'10tli GMT 400770 #+ M.G L c 21 E and e'Massa (2)husetts Cont 9_Qency Pi,an provider r` addiLorial opportun ies for.public notice of.an involvement in dect- i sio.s regarding response azns atoisposalsite i)Ttie-Cm_f Mu mapat.Of� ial and Board:of Health:of the'cbmmunr mnwhich'the hk, # sde is located WilLbe not tied of major;mrtestones n6 events,purse; ant to:316 CM 401403;and 20 U oh'recei t of a P P PeYibon,frorn ten.— or more residents:of the rnunicipahty in which"tfie.disposal s to rs to-,- p sated,-:got,a,munrcpality,poterrtiaify=affected by a.disposaf plan fog involving Yhe_public in decisions regarding response actions. at the site will beprepdred and impleir ented,pursuant to 310 CfISR:401%0 ) To abtam mole information on this ds po ! to and tftE oppor_ f. tunpies for pubUcinvolvement during-ifs reel iation;please;contact JfM BEGLEY LSD;HORSLEI'8 WIlTE^i !NC 90 ROUTE E SAND WICH MA 02563 a 508 833 6600 a . E/22/01 � i 1 r RECEIv�[7��.F E 7 x 2001 TOWN OF BARNSTABLE HEALTH DEPT. RECEIV -6 __--,, ��F P 17 2001 TOWN OF BARNSTABLE HEALTH DEPT. v "s .R 1 COMMONWEALTH OF MASSACHUSETTS z W EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS h F d DEPARTMENT MENT OF ENVIRONMENTAL IROI.VMENTAL P P 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508- y O� 5�0v ARGEO PAUL CELLUCCI BOB DURAND Governor Secretary JANE SWIFT LAUIZEN A. LISS Lieutenant Governor ommissioner URGENT LEGAL NUTTER:PROMPT ACTION NECESSARY CERTIFIED MAIL:RETURN RECEIPT REQUESTED October 18,2000 D'Olimpio Real Estate Trust RE: BARNSTABLE—BWSC 75 Powder Hill Road Retail Plaza Barnstable,MA 02630 43-55,Iyanough Road RTN#4-15670 NOTICE OF RESPONSIBILITY M.G.L. c. 21E,310 CMR 40.0000 ATTENTION:Vincent D'Olimpio, On August 3, 2000 the Department of Environmental Protection (the "Department") received a Release Notification Form ("RNF") which indicates that a release of oil and/or hazardous material has occurred at the location referenced above. The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c.21E, and the Massachusetts Contingency Plan (the "MCP"), 310 CMR 40.0000, require the performance of response actions to prevent harm to health, safety, public welfare and the environment which may result from this release and/or threat of release and govern the conduct of such actions. The purpose of this notice is to inform you of your legal responsibilities under State law for assessing and/or remediating the release at this property. For purposes of this Notice of Responsibility, the terms and phrases used herein shall have the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise. The Department has reason to believe that the release and/or threat of release which has been reported is or may be a disposal site as defined by the M.C.P. The Department also has reason to believe that you (as used in this letter, "you" refers to D'Olimpio Real Estate Trust) are a Potentially Responsible Party (a "PRP") with liability under M.G.L. c.21E §5, for response action costs. This liability is "strict", meaning that it is not based on fault, but solely on your status as owner, operator, generator, transporter, disposer or other person specified in M.G.L. c.21E §5. This liability is also "joint and several", meaning that you may be liable for all response action costs incurred at a disposal site regardless of the existence of any other liable parties. The Department encourages parties with liabilities under M.G.L. c.21E to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials.By taking prompt action,you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions. You may also avoid the imposition of,the amount This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. DEP on the World Wide Web: http://www.magnet.state.ma.us/dep g°'«0 Printed on Recycled Paper 2 of or reduce certain permit and/or annual compliance assurance fees payable under 310 CMR 4.00. Please refer to M.G.L. c.21E for a complete description of potential liability. For your convenience, a summary of liability under M.G.L.c.21E is attached to this notice. You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws that establish the time allowed for bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties. SITE INFORMATION On March 27,2000,three soil borings/groundwate_monitoring wells were installed on-site,to evaluate the presence of petroleum constituents in the vicinity of the suspected seven underground storage tanks(USTs). Three additional borings/monitoring wells were installed on June 8,2000. The following contaminants.were detected in both soil and groundwater samples collected.from the site at a concentration which exceeded the Reportable Concentrations for Soil Category 1 and Groundwater Category 1 per 310 CMR 40.1600. CHEMICAL, CONCENTRATION RCS-1 Naphthalene 6.2 mg/kg 4 mg/kg C9-C 10 Aromatic Hydrocarbons 150 mg/kg 100 mg/kg C9-C18 Aliphatic Hydrocarbons 1,200 mg/kg 1,000 mg/kg C11-C22 Aromatic Hydrocarbons 550 mg/kg 200 mg/kg CHEMICAL CONCENTRATION RCGW-1 Naphthalene 230 µg/1 20 µg/1 C5-C8 Aliphatic Hydrocarbons 640 µg/1 400 µg/1 C9-C12 Aliphatic Hydrocarbons 7,600 µg/1 100 µg/1 C9-C10 Aromatic Hydrocarbons 9,000 µg/l 200 µg/l C9-C18 Aliphatic Hydrocarbons 2,900 µg/1 1,000 µg/1 C11-C22 Aromatic Hydrocarbons 1,300 µg/1 200 µg/1 Specific approval is required from the Department for the implementation of all Immediate Response Actions ("IRA"), and Release Abatement Measures (RAMs) pursuant to 310 CMR 40.0420 and 310 CMR 40.0443, respectively. Assessment activities, the construction of a fence and/or the posting of signs are actions that are exempt from this approval requirement. This site shalln t be deemed to have had all the necessary ry and required response actio ns taken unless and until all substantial hazards presented by the release and/or threat of release have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c.21E and the MCP. 3 Unless otherwise provided by the Department, potentially responsible parties ("PRP's") have one year from the initial date of notification to the Department of a release or threat of a release,pursuant to 310 CMR 40.0300, or from the date the Department issues a Notice of Responsibility,whichever occurs earlier, to file with the Department one of the following submittals: (1) a completed Tier Classification Submittal; (2) a Response Action Outcome Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two submittals for this disposal site is August 3, 2001. If required by the MCP, a completed Tier I Permit Application must also accompany a Tier Classification Submittal. The MCP requires that a fee of$750.00 be submitted to the Department when a Response Action Outcome ("RAO")statement if filed greater than 120 days from the date of notification. You must employ or engage a Licensed Site Professional("LSP")to manage, supervise or actually perform the necessary response actions at this site. The Department has James Begley of Horsley&Witten, Inc., listed as the LSP of Record. If you,have any questions relative to this Notice, please contact Andrew.L. Jones at.the.letterhead address or at (508) 946-2785. All future communications regarding this release must reference the following Release Tracking Number: 4-15670. Very truly yours, L;:-- . Richard F.Packard,.Chief Emergency Response Release Notification Section P/ALJ/dl CERTIFIED MAIL#Z 240 879 487 RETURN RECEIPT REQUESTED Attachments: Summary of Liability under M.G.L. c.21E Cc: Town of Barnstable Board of Selectmen 367 Main Street Hyannis,MA 02601 Town of Barnstable Board of Health PO Box 534 367 Main Street Hyannis,MA 02601 Town of Barnstable Fire Department. 3249 Main Street Barnstable,MA 02630 Horsley&Witten,Inc. 90 Route 6A,Unit One Sandwich,MA 02563 Attn: James Begley,LSP Town of Barnstable Geographic Information System October 10, 2006 w i 00 i �p " t M 5 f F;+ 4 :.�� r ``may y a �.•., 3 � �• ".,.�� '� �, cam'- � ��.-mow° i�e�€•� 343016 A :FDA .343008 i; —' � - 343003 34301, . sw is p i �r 2B164 •' �� -:spa � �,#kar � \� g �. ,a . . .. '.--. �� . � -;aq• Fig' x s�- 'e.�-�;: 52 ' 342027CNDa DISCLAIMERS:This map is for planning purposes only. It is not adequate for legal Map:343 Parcel:005 boundary determination or regulatory interpretation. Enlargements beyond a scale of Selected Parcel ED 1=100'may not meet established map accuracy standards. The parcel lines on this map Owner:DOLIMPIO,VINCENT P SR TRS Total Assessed Value:$871900 are only graphic representations of Assessor's tax parcels. They are not true property Co-Owner:DOLIMPIO REALTY TRUST Acreage:0.99 acres Abutters boundaries and do not represent accurate relationships to physical features on the map Location:43 IYANNOUGH ROAD/RTE 28 such as building locations. Buffer z, TOW N W F BARNSTABLE O UNDERGROUND FUEL AND CHEMICAL STORAGE SYSTEMS NAME ` IJ U/.,/ ADDRESS �� Z?�/rld�(16H 40 VILLAGE 11X'141e'�15 LOCATION OF TANKS: CAPACITY: TYPE OF FUEL AGE: TYPE: w l OR CHEMICAL �a/.dfA4 aT tayA,1-R. 7 (Give same information for any additional tanks on reverse side of card) DATE OF PURCHASE OF EACH: 1. /iz3"2. 3. 4. DATE OF FIRE DEPARTMENT PERMIT: TESTING CERTIFICATION SUBMITTED: PASSED DID NOT PASS atio } ' a 0 . go o 47 rr .::t 0 T: 0 da3'� i z