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30A-032 Certificate of Compliance.pdfMansfield, MA Amherst, MA Chester, VT December 27, 2019 VIA: CERTIFIED MAIL Sarah LaValley Conservation Commission Agent City of Northampton City Hall 210 Main St Northampton, MA 01060 Re: 2004 NOI SOW Completion Report Former Cutlery, 320 Riverside Drive Northampton, Massachusetts MassDEP File No. 246-546 Dear Ms. LaValley, In 2004, the Northampton Conservation Commission issued an Order of Conditions (OoC) under MassDEP File No. 246-546 for the former Cutlery Building at 320 Riverside Drive in Northampton, MA. The OoC was issued to Cutlery Building Associates and it was filed at the Hampshire County Registry of Deeds on November 23, 2004 at Deed Book 8075, Page 128. OHI Engineering, Inc. (OHI) recently received copies of the Notice of Intent (NOI) and OoC. OHI was asked to review the OoC and provide a response to the Conservation Commission which would allow the Commission to issue a Certificate of Compliance and close this file, if possible. The 2004 NOI included a Scope of Work (SOW) which involved excavation of metals-impacted soil from under select locations in the parking lot west of the Cutlery Building and the former Firehouse, current Valley Home Improvement (VHI) building, transportation of those soil to a stockpile on the undeveloped Cutlery lot north of the VHI lot, and paving both the Cutlery and VHI parking lots. The purpose of the paving was to create an “engineered barrier” between the public and the metals-impacted soil below, and thereby allow closure of this MassDEP hazardous waste Site (RTN #1-13320) under the Massachusetts Contingency Plan (MCP; 310 CMR 40.0000). A copy of the MCP Phase IV Remedy Implementation Plan (RIP) prepared by New England Environmental and dated August 10, 2004 provided the scope of work (SOW) and was attached to the NOI. Both paved parking lots are contiguous and were designed to drain to the south and discharge into the former Cutlery tailrace which in turn discharges to the Mill River. This portion of the Cutlery Site has since been closed with a Permanent Solution under the MCP. Stormwater Mitigation Stormwater drainage was proposed and was improved in two ways by this project. First an area of direct stormwater runoff just north of the tail race was paved in a manner such that stormwater would enter the tail race in the future, not bypass the tail race and erode the bank. Second, siltation control was incorporated into the stormwater discharge within the tail race by constructing a three-foot high concrete block wall 8 feet from the eastern end of the tail race. 110 Pulpit Hill Road Amherst, MA 01002 Tel (413) 835-0780 Fax (413) 549-7918 www.ohiengineering.com Request for Certificate of Compliance DEP # 246-546 320-360 Riverside Drive December 27, 2019 Northampton, MA This silt basin has been cleaned on a regular maintenance schedule starting in 2005, thereby improving the quality of the stormwater discharge from the Site. Mitigation Compliance A Letter of Compliance dated August 3, 2006 prepared by Sara E. Campbell, PE who designed the stormwater drainage mitigation, states that she reviewed the conditions at the Cutlery property on August 2, 2006. The paving had been contoured to provide a flow path for stormwater runoff that carries the flow in the paved area and not over the bank. The concrete structure had been modified as planned to provide a chamber to catch sediment. In her opinion the construction had successfully met our objectives to protect water quality in the river. A copy of this letter is attached. Annual AUL Inspections Each year since portions of the Site were closed under the MCP, Lyons Witten, LSP with OHI has conducted an LSP inspection of the AUL areas to check for compliance with the terms of the AULs. In the years 2013 through 2015 this inspection also included an annual inspection of vegetative cover and erosion controls by Bill Lattrell, PWS. The vegetative cover and erosion controls were stable and generally in good condition, and since 2016 this annual inspection has been conducted solely by Lyons Witten, LSP. OHI visited the property on Wednesday June 12, 2019 for our annual AUL Site Inspection. Relevant observations and photographs from this visit are included in the attached Annual AUL Site Inspection Report (OHI, 12/27/19) and are as follows:  The parking lot asphalt pavement is in good condition;  The chain link fences and posted signs are in good condition;  Vegetation on the soil stockpile is in good condition;  No significant erosion was noted along the bank of the Mill River at the Site; and,  The vegetation along the bank of the Mill River appeared in good condition. Therefore, it is our opinion that the scope of work conducted under the OoC for MassDEP File No. 246-546, dated September 28, 2004, has been completed. Please find attached a completed and signed Request for Certificate of Compliance. Please contact me should you have questions or comments, or require further information. Very truly yours, OHI ENGINEERING, INC. Lyons Witten, P.G., L.S.P. Regional Manager Attachments:  Order of Conditions from 2004  Request for Certificate of Compliance  2019 Annual LSP AUL Inspection Report wpaform8a.doc •• rev. 5/29/14 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: Provided by DEP A. Project Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. This request is being made by: Name Mailing Address City/Town State Zip Code Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Applicant Dated DEP File Number Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. 3. The project site is located at: Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number 4. The final Order of Conditions was recorded at the Registry of Deeds for: Property Owner (if different) County Book Page Certificate (if registered land) 5. This request is for certification that (check one): the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc •• rev. 5/29/14 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office- for-your-city-or-town.html). Annual AUL Inspection Report Former Cutlery Raceway RTN #1-13320 320-360 Riverside Drive December 27, 2019 Page 1 of 3 Northampton, MA December 27, 2019 Mr. Ben Fish Massachusetts DEP-BWSC 436 Dwight Street Springfield, MA 01103 RE: Annual AUL Inspection Report Via: eDEP BWSC-126 Former Cutlery Raceway 320-360 Riverside Drive Northampton, Massachusetts RTN #1-13320 Dear Mr. Fish: On behalf of Cutlery Building Associates, OHI Engineering Inc. (OHI) is pleased to present this Annual AUL Inspection Report for RTN #1-13320 associated with remediation of heavy metals and petroleum oils at the above-referenced Site (Figures 1, 2, and 3). The Site is divided into three areas of concern as shown on Figure 2, and further described below:  AOC-1 located behind the Cutlery and Valley Home Improvement (VHI, former Firehouse) buildings, and now closed under the MCP with a Class A3 RAO-P;  AOC-2 located north of the VHI property on the northerly Cutlery lot, and now closed under the MCP with a Class C-1 RAO-P; and,  AOC-3 located along the levee north of AOC-2, and now closed under the MCP with a Class C-1 RAO-P. Under the terms of the Activity and Use Limitations (AULs) placed on all three AOCs, the entire Site will undergo an annual AUL inspection by a Licensed Site Professional (LSP) checking fencing, signs, pavement, tailrace, stockpile, erosion controls, and levee stability. In the past, under the terms of permits granted by the Northampton Conservation Commission, the entire Site was subject to an annual inspection by a Professional Wetland Scientist (PWS) checking erosion controls, plant cover and health, plant communities, and stability of restored areas along the bank of the Mill River. In 2016, the Conservation Commission stated that they no longer required an annual PWS inspection of this Site. It is the intention of Cutlery Building Associates to maintain the terms of the AULs and the Conservation Commission permit on an on-going basis. This letter serves those purposes. On February 17, 2016, Cutlery Building Associates submitted a Periodic Review of Temporary Solution under the MCP [310 CMR 40.1050(4)] prior to the five-year anniversary of the Class C RAO-Ps. The review concluded that Site uses had not changed, that the erosion controls remained effective, the fencing remained intact, and the pavement remained in good condition. No new remedial technologies were identified that would allow a path toward a Permanent Solution at all portions of the Site. It is the intention of Cutlery Building Associates to re-evaluate the feasibility of a Permanent Solution under the MCP [310 CMR 40.1050(4)] prior to the second five-year anniversary of the Class C RAO-Ps, on February 16, 2021. 110 Pulpit Hill Road Amherst, MA 01002 Tel (413) 835-0780 Fax (413) 549-7918 www.ohiengineering.com Annual AUL Inspection Report Former Cutlery Raceway RTN #1-13320 320-360 Riverside Drive December 27, 2019 Page 2 of 3 Northampton, MA 1.0 ANNUAL LSP INSPECTION Current Site features are illustrated on the AUL Site Plan, Exhibit B. Please note that the AUL Areas #1A and #2A were recorded at the Hampshire County Registry of Deeds in 2013 as part of a MassDEP Audit. 1.1 Annual AUL Site Inspection A site inspection was conducted on June 12, 2019 by Lyons Witten, LSP from OHI, primarily to evaluate the presence or absence of significant winter and/or spring thaw damage to the river bank. No significant damage was noted. Photographs of the Site during the site inspection this year are attached in Appendix A. The first aspect of the inspection was to check the following five items as outlined in the AULs and the Cutlery O&M Plan (NEE, March 14, 2012): i) The four-foot high chain link fence on the west side of the paved parking lots and the five-foot high chain link fence on the north side of Lot 76 shall be maintained in good condition; The chain link fences were in good condition. Plow damage was minimal. ii) Gates in the chain link fences shall remain locked at all times. The property owner(s) shall restrict access to the locked areas to authorized personnel who are familiar with the terms of this document. The three gates in the chain link fence were all found locked, and each of the locks was serviced for the season (oiled). iii) Signs stating the fenced areas west and north of the chain link fences are off limits (“No Trespassing”) shall be posted in visible locations along each section of fence, and shall be maintained in good condition; The signs previously installed were found in good condition. iv) The parking lot pavement shall be maintained in good condition. The purpose of the pavement is to restrict access to the underlying soil which contains heavy metals. Therefore, minor cracks in the pavement are acceptable, but cracks penetrating the full pavement thickness or potholes must be repaired promptly; (AUL-1 and AUL-2). Parking lot pavement appeared in good condition. No potholes or significant cracks were noted. Soil within the AUL AREA #3 may not be moved to another area of the Property, or off the Site, without first being evaluated by an LSP who shall render an opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the soil relocation will present a significant risk of harm to health, safety, public welfare, or the environment. (AUL-3) No indications of soil excavation or movement were noted within the AUL areas. v) Erosion controls have been installed on the bank of the Mill River west of the chain link fence. This includes an orange marker layer of plastic construction fencing under a layer of seeded and planted organic soil. The layer of seeded organic material should be maintained to a thickness sufficient so as the orange marker layer is not visible. It should be noted that the orange marker layer was installed over rock in some areas and organic material and planting are not expected to stay or grow on top of the rock. In these limited areas, the orange marker layer will remain visible. In steeper areas, erosion control fabric or blanket was installed over the organic layer and pinned in place to assist in the establishment of planted materials. This material may be supplemented as necessary, or allowed to compost in place as the planted materials become established. Erosion of the steep bank west of the chain link fence is not permitted and eroded areas will be repaired promptly. The second aspect of the inspections was to evaluate the stability of the bank and the health of the vegetation along the Mill River specifically to address Item V. During the June 2019 site inspection, it Annual AUL Inspection Report Former Cutlery Raceway RTN #1-13320 320-360 Riverside Drive December 27, 2019 Page 3 of 3 Northampton, MA was noted that the stone rip-rap installed at the base of the last 40 feet of river bank just above the tail race in 2014 and 2015 was in good condition. The burlap lifts above the rip-rap are filled with compost and were installed in 2010 to hold the underlying river bank in place. Several of the lower lifts appeared to have lost some compost due to high water action of the Mill River. In 2015, Mr. Bill Lattrell, PWS recommended that the lower portions of this installation be stabilized by planting live stakes and/or live stake tublings of native willow and silky dogwood. Live stakes were installed in the spring 2016 and had a 30-50% survival rate due to the extreme drought conditions in 2016. Planting live stakes in this portion of the river bank occurred again in the spring of 2017 with an improved survival rate. All other areas of the Site were found to be stable and have established vegetative cover. 2.0 O&M ACTIVITIES Cutlery Building Associates has an on-going agreement with the Northampton Conservation Commission to remove accumulated sediment from the sediment trap constructed within the tail race in 2005 (and modified in 2006). The sediment trap catches sediment from the paved parking lots in AOC-1. The sediment trap was last emptied during October 2016, as part of the O&M activities. Photographs taken in June 2019 show the sediment trap had remaining capacity. 3.0 SUMMARY This letter is an attachment to DEP Transmittal Form BWSC-126 in eDEP. Should you have questions regarding this matter, please do not hesitate to contact our office. Very truly yours, OHI ENGINEERING, INC. Lyons Witten, P.G., L.S.P. Regional Manager Attachments: Figure 1 Locus Map Figure 2 Orthographic Figure 3 Priority Resource Map Figure 4 Site Plan (OHI 1/6/17) Exhibit B AUL Site Plan Appendix A Photographs cc: Mr. Alan Verson, Partner, Cutlery Building Associates City of Northampton: Conservation Commission Planning Department SITE LOCUSSite Locus www.ohiengineering.com v 44 Wood Ave Mansfield, MA Phone (508) 339-3929 Fax (508) 339-3140 110 Pulpit Hill Rd Amherst, MA Phone (413) 835-0780 Fax (413) 549-7918 Latitude Longitude Data Source: OHI Job # Former Cutlery 320-360 Riverside Drive Northampton, MA13-1515 Mass DEP RTN #1-13320 Rev. Date:November 20, 2014 N 42° 19' 13.4 N 72° 39' 54.7" W Figure 1 Locus Map N National Geographic www.ohiengineering.com v 44 Wood Ave Mansfield, MA Phone (508) 339-3929 Fax (508) 339-3140 110 Pulpit Hill Rd Amherst, MA Phone (413) 835-0780 Fax (413) 549-7918 Latitude Longitude Data Source: OHI Job # Former Cutlery 320-360 Riverside Drive Northampton, MA13-1515 Mass DEP RTN #1-13320 Rev. Date:November 20, 2014 N 42° 19' 13.4 N 72° 39' 54.7" W N Figure 2 Orthographic 0 330330 0 165 1" = 330' Google Maps www.ohiengineering.com v 44 Wood Ave Mansfield, MA Phone (508) 339-3929 Fax (508) 339-3140 110 Pulpit Hill Rd Amherst, MA Phone (413) 835-0780 Fax (413) 549-7918 Latitude Longitude Data Source: OHI Job # Former Cutlery 320-360 Riverside Drive Northampton, MA13-1515 Mass DEP RTN #1-13320 Rev. Date:November 20, 2014 N 42° 19' 13.4 N 72° 39' 54.7" W MassGIS, Commonwealth of Massachusetts Executive Office of Environmental Affairs IUSGS Figure 3 Priority Resource Map N EXISTING 5' HT. CHAIN LINK FENCE AT EDGE OF PAVEMENT (~350 L.F.) STOCKPILE CONFIGURATION w/ LOAM & SEED EXISTING 5' HT. CHAIN LINK FENCE AT TOP OF SLOPE (~860 L.F.) EXISTINNG 5' HT. CHAIN LINK FENCE AT TOP OF SLOPE (~860 L.F.) 5' HT. CHAIN LINK FENCE AT TOP OF SLOPE (~860 L.F.) STOCKPILE CONFIGURATION w/ LOAM & SEED NO TRESPASSING SIGNS ON TREES AT TOP OF WALL FACING RIVER NO TRASPASSING SIGNS ON TREES AT BOTTOM OF SLOPE FACING RIVER NO TRESPASSING SIGNS ON TREES AT BOTTOM OF SLOPE FACING RIVER NO TRESPASSING SIGNS ON TREES AT TOP OF WALL FACING RIVER 1" = 50'-0" 2/14/2018 LW, BJ 1-13320 LWPrepared for:Date: Scale: Drawn by: Checked by: OHI File # MassDEP RTN# REVISIONS DATE: BY: Figure 4Cutlery Building Associates90 Conz Street, 2nd FloorNorthampton, MA 01060Former Cutlery Raceway320-360 Riverside DriveNorthampton, MassachusettsSITE PLAN - SEDIMENT SAMPLING LOCATIONS SCALE 1"-50'-0" 1 SP-1 SITE PLANSAMPLING LOCATIONSPrepared by:OHI Engineering, Inc.Engineers and Environmental Scientists110 Pulpit Hill RoadAmherst, MA 01002(413) 835-0780(413) 549-7918 Fax13-1515 OHI Engineering, Inc.110 Pulpit Hill RoadAmherst, MA 01002(413) 835-0780www.ohiengineering.com4/5/2013OHI File #13-1515 www.ohiengineering.com Photo Page 1 Four-foot high chain link fence along parking lot is in good condition. Vegetation in the flood plain and on the bank appeared in good condition with no new areas of erosion (June ’19). Gate, lock, and signs in good condition at western side of Valley Home Improvement parking lot (June ’19). Interior masonry walls of tail race, repaired in Oct. 2014, remain in good condition & sediment volume is minimal. Vegetation on the stockpile appeared in good condition with no areas of erosion visible. (June’19). Signs along Mill River are in good condition.