DEP RAO+AUL 2-14-19 Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
LlDepartment of Environmental Protection
Northeast Regional Office • 205B Lowell Street, Wilmington MA 01687 . 978-694-3200
Charles D. Baker Matthew A. Beaton
Governor FEB 14 2019 Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor Commissioner
Henley Salem, LLC Re : SALEM — 3 -2383
54 Jaconnet Street 2 Paradise Road (aka 10 Paradise Road)
Newton, MA 02461 Response Action Outcome
Activity & Use Limitation
Attn: Chad Martin
Director of Risk Management
NOTICE OF AUDIT FINDINGS
AUL AUDIT INSPECTION
COMPLIANCE SCREENING AUDIT
Dear Mr. Martin:
The Massachusetts Department of Environmental Protection (MassDEP or the Department) has
conducted an audit of a Class A-3 Response Action Outcome (RAO) Statement and Notice of
Activity & Use Limitation (AUL) filed for the above-referenced site on November 15 , 2002, by
Bursaw Oil Corporation, a former property owner.
MassDEP' s audit of this site consisted of an inspection (Level 2 Audit) of the area subject to the
AUL and technical screens (Level 1 Audits) of the RAO and AUL. Level 1 Audits are
performed using standard MassDEP checklists. Examples of MassDEP' s checklists are available
on the Internet at htto ://www.mass. gov/eea/ageiicies/massdep/cleanup/sites/technical-screeninQ-
audit-forms-checktists.html. This Notice informs you (as used in this notice, "you" refers to
Henley Salem, LLC) of the results of MassDEP' s audits.
AUL AUDIT INSPECTION
On October 2, 2018, MassDEP conducted an AUL Audit Inspection at the site to observe
conditions related to the area subject to the Notice of AUL. In particular, the inspection focused
on whether activities and uses were consistent with the terms and conditions of the AUL and
whether obligations and conditions required to maintain a condition of No Significant Risk were
being met. During the inspection, MassDEP observed a building in the central portion of the
Property, occupied by a Valvoline Instant Oil Change facility (Valvoline). This building was
This information is available in alternate format. Contact Michelle Waters-Ekanem, Director of Diversity/Civil Rights at 617-292-5751.
TTY# MassRelay Service 1-800-439-2370
MassDEP Website: w mass.govldep
Printed on Recycled Paper
Salem, 3-2383 2
different in location and use from the building present at the time of the AUL filing, which was
in the northwestern corner of the property and occupied by a convenience store associated with
the onsite gas station.
Following the inspection, MassDEP requested additional information on demolition and
construction activities to ensure that they were conducted in accordance with the AUL.
Information was obtained by email and phone from Michael Argiros, resident agent for a
previous property owner, Salem Realty Ventures, LLC; Ralph Tella of Lord Associates, Inc.,
environmental consultant for Salem Realty Ventures, LLC ; and William Mitchell of Clean Soils
Environmental, Ltd. , environmental consultant for the current property owner, Henley Salem,
LLC.
According to Mr. Argiros, Global Contracting Services, Inc. (Global) demolished the
convenience store building and the pump islands. Global also removed five underground storage
tanks (1JSTs) from the property, under the oversight of Lord Associates, Inc. (LAI) . According
to Mr. Tella, the AUL was consulted prior to the removal of the USTs, a Health and Safety Plan
and Soil Management Plan were utilized during the removal of the USTs, and no soil was
transported off-site. According to LAI' s UST closure report, the maximum excavation depth
was 13 feet below grade and there was no evidence of a release of petroleum during the removal
of the USTs. Soil samples were collected from the tank graves and tested for extractable
petroleum hydrocarbons (EPH) and volatile petroleum hydrocarbons (VPH). The results of the
testing indicated that only low levels of EPH, below reportable concentrations, were detected.
Redevelopment activities for the newly constructed Valvoline facility were overseen by Clean
Soils Environmental, Ltd. According to Mr. Mitchell, a Health and Safety Plan and Soil
Management Plan were prepared prior to construction and significant contamination was not
encountered during construction. Soil samples were collected at the base of the excavation for
the new building, approximately 8 . 5 feet below grade, and analyzed for volatile organic
compounds (VOCs), EPH, VPH, and lead. The results of the testing indicated levels ranging
from non-detect to below reportable concentrations. Soils were stockpiled onsite and tested for
lead and total petroleum hydrocarbons (TPH). Results indicated levels below reportable
concentrations. Approximately 669 tons of soil containing oil/hazardous materials below
reportable concentrations were removed from the property and managed under a Bill of Lading.
The basement concrete floor and block walls of the new building were sealed with Silica Radon
Seal and Industrial Heavy-Duty Epoxy. Piping for a sub-slab depressurization system, if
determined to be necessary, was installed beneath the building. At this time, Mr. Mitchell does
not believe significant vapors, if any, are entering the new building, given the low VOC
concentrations observed. Mr. Mitchell also stated that the AUL will be terminated if a condition
of No Significant Risk can be demonstrated, based upon recent soil and groundwater sampling
conducted across the property.
As a result of the inspection and additional information obtained from Mr. Argiros, Mr. Tella,
and Mr. Mitchell, MassDEP did not identify any violations of the requirements applicable to the
AUL at the site. A copy of MassDEP ' s AUL Field Screening Form is attached.
Salem, 3-2383 3
RESPONSE ACTION OUTCOME (RAO) TECHNICAL SCREENING AUDIT
A technical screening audit of the Response Action Outcome (RAO) was performed using a
standard MassDEP checklist. The technical screening audit is conducted to identify conditions
that pose or could pose Imminent Hazards, identify conditions that require Immediate Response
Actions, or recommend the site for a targeted comprehensive audit. Based on the technical
screening audit of the RAO, MassDEP is not directing you to undertake further response actions
at this time with regard to the RAO.
ACTIVITY & USE LIMITATION (AUL) COMPLIANCE SCREENING AUDIT
A compliance screening audit of the AUL instrument was performed to ensure that the AUL
instrument has been prepared in conformance with and meets the requirements of the MCP. As a
result of the compliance screening audit, MassDEP did not identify any violations of the
requirements applicable to the AUL instrument at the site that require follow-up.
LICENSED SITE PROFESSIONAL
A copy of this letter has been sent to Christopher Mariano, LSP #9197, the LSP-of-Record for
the RAO and AUL submitted for the Disposal Site.
LIMITATIONS & RESERVATION OF RIGHTS
Please note that the screening of the RAO and AUL conducted by MassDEP were not
comprehensive audits. It is possible that a future comprehensive audit, if one occurs, may
identify violations of applicable laws and regulations for which MassDEP may require you to
undertake further response actions at the site or MassDEP may invalidate the RAO and require
termination of the AUL. The review of these documents is for use by MassDEP and may not be
relied upon for any other purpose. The review does not include a comprehensive list of
requirements, which are fully set forth in M.G.L. c. 21E and 310 CMR 40.0000, and does not
constitute a final agency decision, nor create any legal rights or relieve any party of obligations
that exist pursuant to applicable laws.
MassDEP' s findings were based upon the accuracy and certainty of the information reviewed
during the audit. These findings do not: ( 1 ) preclude future audits of past, current, or future actions
at the site; (2) apply to actions or other aspects of the site that were not reviewed in the audit; (3) in
any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E,
310 CMR 40.0000, or any other laws, regulations, or requirements. MassDEP retains authority to
take or arrange, or to require, any Responsible Party or Potentially Responsible Party to perform
any response action authorized by M.G.L. c. 21E, which MassDEP deems necessary to protect
health, safety, public welfare, or the environment.
Salem, 3-2383 4
If you have any questions regarding this letter, please contact Debra Hawks at (978) 694-3380 .
Please reference Release Tracking Number 3-2383 in any future correspondence to MassDEP
regarding the site.
me ely
Debra Hawks
Environmental Analyst
David LaPusata
Chief, Audit Section
Bureau of Waste Site Cleanup
Attachment: AUL Field Screening Form
cc : City of Salem, Mayor' s Office (mayor@salem.com)
City of Salem, Board of Health (health@salem.com)
City of Salem, Planning and Community Development (tdaniel e salem.com)
City of Salem, Inspectional Services gstpierre ?salem.com)
Christopher Mariano, LSP-of-Record (chris.mariano(a aecom.com)
Bill Mitchell (b�cleansoils.com)
Ralph Tella (Rtella@lordenv.com)
Michael Argiros (michael(a charlesriverrealtv.com)
NERO/Data Entry: AUDCOM/NAFNVD
AUL/SNAUDI
RELEASE TRACKING NUMBER
- MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION
2383
Northeast Regional OfficeBureau of Waste Site Cleanup
AUL FIELD SCREENING FORM TowN: SALEM
Site Name: Bursaw Oil Contact Person: Chad Martin, Henley Salem, LLC
Address: 2 Paradise Rd (aka .10 Paradise Rd) Phone: (617) 61&9282
AUL INFORMATION (filled out by Screening/Office Staffi SITE INSPECTION Bled out by Field St
Date AUL filed: 10/1/02 Boundaries of ALL area(s) identifiable? Yes
BIC 19329 PG 187 Complete access to all AUL area(s)? See notes below*
Entire property Evidence of recent excavation/disturbance? See notes below *
Evidence of recent construction? See notes below *
Remediation Waste present? No
Indication of potentially serious site conditions? No
*Limited access to some areas due to parked vehicles. The
entire property has been redeveloped and includes a new
building that is occupied by the Valvoline Instant Oil Change
facility. See additional notes below.
PERMITTED ACTIVITIES AND USES ' OBSERVED ACTIVITIES AND USES
X landscaping, maintenance, construction, demolition or
excavation activities with excavation <i ' bgs
X Media management and HASPS for excavation work
VIOLATION OBSERVED: No, see notes below
INCONSISTENT/RESTRICTED ACTIVITIES AND USES ' OBSERVED ACTIVITIES AND USES
X Demolition, excavation, subsurface utilities installation or
construction activities >3 ' bgs unless excavation uses SUP
and IFA SP
X Agricultural use X Residential X Playground, school,
daycare, or other frequent or prolonged use by children
X Off-site soil removal unless compliance with AUL
requirements
VIOLATION OBSERVED: No, see notes below
OBLIGATIONS AND CONDITIONS' OBSERVED CONDITIONS
X Maintain site covers ft: pavement, soil, building slab)
X Media existing >3 ' bgs must remain inaccessible See the February 14, 2019 Notice of Audit Findings leaer for
X Health & Safety Plan (HASP) X Soil Mgmt Plan (SMP) further discussion of the redevelopment activities related to
X Specifications for new building construction compliance with the AUL.
AUL Sketch Attached to this form? No VIOLATION OBSERVED: No
Ad itional Comments on Reverse Side: NO Additional Comotes on Reverse Side: N
Completed by: Debra Hawks Date: 1012118
r The following is only a brief summary of the AUL conditions, consult the actual Activities and Use Limitation Notice for specific descriptions