Category Archives: Medfield State Hospital

This draft letter was prepared by the town’s consultant, Andrea Stiller, to summarize the results of the site visit conducted last Thursday by DEP at the MSH as a required step in the two pending appeals.   The Board of Selectmen will send the letter, as it may get revised, next Tuesday.

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October 17, 2011

The Commonwealth of Massachusetts

Department of Environmental Protection

Central Regional Office

627 Main Street

Worcester, MA 01608

Attention:          Mr. Gary Dulmaine, Bureau of Resource Protection, Division of Wetlands and Waterways

                        Mr. Mark Baldi, BWSC Section Chief, MassDEP Central Regional Office

The Commonwealth of Massachusetts

Division of Capital Asset Management

One Ashburton Place, 15^th Floor

Boston, MA 02108

Attention:  Mr. Allen Wiggin

RE:       Letter of Understanding

            Site Inspection Meeting (MGL c 131, Section 40)

            For Request for Superseding Order of Conditions

            Former Medfield State Hospital                                                                                                                          Medfield, MA

            DEP RTN 2-3020799

Gentlemen:

On October 13, 2011 the Department of Environmental Protection Bureau of Resource Protection, Division of Wetlands and Waterways, held a site inspection and site meeting at the Medfield State Hospital in preparation of the issuance of a Superseding Order of Conditions. In attendance were representatives of DCAM, Weston and Sampson, DEP, Medfield Conservation Commission, State Hospital Review Committee, Medfield Selectmen, Congressman Lynch’s Office, Charles River Watershed Association, Trustees of Reservation, the Medfield State Hospital PIP Group, concerned residents, and others.

Concerns with the Notice of Intent and Immediate Response Action (IRA) Plans for the Charles River, were discussed. Some outcomes of the discussions that we find particularly relevant are summarized below. Thank you for the opportunity to meet and discuss our concerns.

Sincerely,

Mark Fisher

Ann B. Thompson

Osler L. Peterson

Items from the DEP BRP site visit of 10/13/11

1. Given that all necessary approvals have not been granted (Superseding Order of Condition, Army Corp. 404 Permit, others), the plan to remediate the Charles River and C&D Area will not commence this year, but rather in the next construction season. Work within the river and its banks will not occur until the low water season in 2012.

2. The use of a temporary Aquablok cap over the described 800 square feet of the Charles River sediment will not occur at all; in lieu of this, DCAM will apply for a permit from the Corps of Engineers to permanently remove the oily and toxic sediments by vacuum dredging.

3. The existing IRA Plan will be re-filed as an Assessment Only IRA. The DEP deadline for the IRA Plan Modification is October 31, 2011.

4. Recent conversations by various parties with Spectra Energy regarding the feasibility of removing all contaminated soil within the easement for their natural gas transmission line in the C&D area suggest that Spectra is willing to discuss it and provide estimates for work by Spectra’s subcontractor. DCAM will re-explore this option with representatives of Spectra Energy and obtain estimated costs and schedules of removing all of the debris fill in the C&D area easement, including relocation of the line if necessary.

5. Detailed remedial evaluations of alternatives to the previously issued Phase III remediation alternatives evaluation for the SPD Area and the C&D/River Area will be reviewed in detail by DCAM/Weston and Sampson including:

a) Full removal of the C&D debris, including in the gas line easement, and off-site disposal.

b) Full removal of all the C&D Debris to a new designated location on the MSH property (described by DCAM as a very unlikely and requiring an involved permitting process, but this option should be explored regardless; avoiding off-site disposal could significantly reduce the project cost).

c) Removal of all of the contaminated fill in the C&D area throughout the Riverfront Area (not mentioned at the meeting, but something we would like to see reviewed).

d) Other options as appropriate, including those already reviewed by DCAM/W&S, although with more complete descriptions of proposed debris fill removal and costs, and soft bioengineering alternatives to rip rap. In addition to exploring new alternatives, additional explanation of the previously outlined  alternatives in the focused Phase III would be helpful; the “Maximum” fill removal option described in the prior focused Phase III Report for the River/C&D areas did not explain from what areas fill would be removed, to what extent, etc.

6. Feasibility of soft bioengineering alternatives for the bank instead of the use of rip rap will be reviewed in detail. This is required by DEP by December 31, 2011.

7. At the October 13, 2011 meeting, Mark Baldi stated that he planned to require a Phase IV Report by the end of June. The Town requests ample time to review any and all phase reports under the PIP process with proper responses to our concerns before remediation can commence.

8. Inquiring as to Brownfields funding and other possible funding sources to perform a more complete cleanup will be sought by DCAM and Congressman Lynch’s Office.

Some comments were made at the site meeting that the current NOI should be retracted and a new one be submitted that more accurately reflects the proposed work. We would like to know whether this going to occur.

Again, thank you for the opportunity to comment on the proposed work

cc:        Mr. John O’Donnell, PE, LSP, Deputy Director, DCAM

            Mr. Mark Baldi, Section Chief, MassDEP Central Regional Office

            Mr. Frank Ricciardi, P.E., LSP, Weston & Sampson

Mr. John Thompson, LSP, SHERC Chairman

Ms. Deborah Bero, Esq., Medfield Conservation Commission, SHERC

Mr. William Domey, PE, Board of Health, SHERC

Mr. Ralph Tella, LSP, SHERC

Mr. Cole Worthy, LSP, SHERC

Ms. Andrea Stiller, LSP, ADS

Town of Medfield Repository, Public Library

DEP letter to those who appealed the Medfield Conservation Commission’s granting of Orders of Conditions with respect to the DCAM work in and next to the Charles River, in the C&D area.

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October 6, 2012

Department of Environmental Protection
Central Regional Office
627 Main Street
Worcester, MA 01608
508-792-7650

Wetlands / Medfield
DEP File # 214-580
Request for Departmental Action
Site Meeting Notice
Former Medfield State Hospital

Dear ______ –

The Department of Environmental Protection (MassDEP) has received your Request for   Departmental Action appealing the Order of Conditions issued by the town of Medfield Conservation Commission to the Massachusetts Division of Capital Asset Management.

MassDEP has scheduled a meeting and site inspection in accordance with Massachuset General Laws, Chapter 131, Section 40 and in preparation for the issuance of a Superseding Order of Conditions.  You and all concerned parties are invited to participate in the site meeting.  The purpose of this site meeting is to determine the significance of the area to the interests of the  Wetlands Protection Act and to informally discuss issues relevant to the referenced project.  I  plan to be at the site on October1 3,2011 at l:30 p.m.

No activity may commence on any portion of the project subject to the jurisdiction of the Wetlands Protection Act, Massachusetts General Laws, C hapter131, Section 40 until all appeal periods have elapsed and all proceeding before the MassDEP h ave been completed, 3l0 CMR  10.05( 7) (k).

Should there be any questions in this matter, you may contact me at5081767-2713.

Sincerely,

Gary Dulmaine
Bureau of Resource Protection
Division of Wetlands and Waterways

Senator Timilty and Representatives Garlick and  Winslow wrote a joint letter yesterday to DCAM, asking that DCAM withdraw its request to the Army Corps to do work in and near the river, and rather to explore the solution the town has sought.  A copy of their letter can be accessed via this link

Click to access 20110928-garlick-timilty-winslow-lt-dcam.pdf

Update: Army Corps of Engineers still undecided about DCAM permit to
remediate former Medfield State Hospital toxic waste

By Brett M. Rhyne
Wicked Local Medfield
Posted Sep 26, 2011 @ 05:51 PM
The U.S. Army Corps of Engineers has not yet acted upon the permit application filed with it by the state’s Division of
Capital Asset Management regarding the planned remediation of oil and toxic waste at the former Medfield State Hospital site.
Karen Kirk Adams, chief of the permits and enforcement branch of the New England District of the corps, told the Press that not only
has the permit been neither approved nor denied yet, she could not even estimate when action might be taken on it.
The delay, she said, is due to “clarification on the project” that the corps is seeking from DCAM and the Massachusetts
Department of Environmental Protection, which is mandating DCAM’s actions.
The need for clarifications arose, she said, when the corps met with Medfield’s Board of Selectmen and a number of other Medfield
residents concerned about the remediation on Sept. 19.
A DCAM representative “had been informed of, if not invited to, the meeting,” said board Chairman Osler Peterson. He said the town
had “left it up to the Army Corps of Engineers to invite whomever they wanted from DEP.”
At the meeting, Medfield town officials made their case to the corps that it ought to deny DCAM’s permit application. The agency is
seeking to permission to remediate oil found in the Charles River near the site, and to remediate toxic waste in the soil on the
riverbank.
The state’s plan for the oil is to cover the riverbed with a clay cap this fall, thus preventing any more oil from entering the river water,
and to vacuum-dredge the riverbed clean of all soil with oil in it in the fall of 2012.
The town would like DCAM to complete the remediation this fall, in one step rather than two.
The state’s plan for the toxic soil on the riverbank is to remove about a quarter of it, slope the bank, cover what’s left with a nonporous
sheeting, and pin that sheeting down with rip-rap, a gravellike material commonly seen under bridges.
The town would like DCAM to remove all the toxic soil — Medfield has even offered land elsewhere on the site for a modern, hygienic
toxic waste dump — and which would then allow the riverbank to be used by the public or returned to its natural state.
As a result of meeting with Medfield town officials last week, the corps is now seeking clarification of the state’s plan to remediate
both areas, Adams said.
Regarding the riverbed, the corps would like to know if DCAM intends to remove the clay cap at some point in the future, she said.
If the state intends to vacuum-dredge the riverbed next year, then the cap will certainly be removed, Adams said. But DCAM’s permit
application does not mention any work beyond capping the oil, she said.
“People can’t apply for permits piecemeal,” she said. The corps’ concern is that if the scope of all the intended work taken together
crosses a certain threshold, a more rigorous review process becomes necessary, Adams said.
Regarding the riverbank, the corps would like to know more about proposed bio-engineered solutions to keeping the toxic waste in
place, she said. At last week’s meeting, Adams made it clear that a bio-engineered solution was preferable to rip-rap because it would
have less impact on the environment.
The corps is currently talking with DCAM and MassDEP to clarify both points.
Also at the meeting was Rep. Stephen Lynch, who voiced strong support for the town’s concerns. In a Sept. 23 letter to DCAM
Commissioner Carol Cornelison, he wrote the state’s “current remediation plan is being implemented in an [sic] short-sighted,
fractional manner that will not result in a permanent solution that protects the nearby well water and the long term health of the
residents of Medfield and the surrounding communities.”
In the letter, he urged the state to withdraw its current permit application “in order to thoroughly consider all permanent
alternatives.”
Rep. Lynch writes to Massachusetts in support of Medfield’s position
Medfield —
Contact Medfield Press editor Brett M. Rhyne at 781-433-8353 or brett.rhyne@wickedlocal.com.
Copyright 2011 The Taunton Gazette. Some rights reserved

New Medfield Press editor, Brett Rhyne, writes yesterday that as the result of the Army Corps of Engineers meeting last week with the Medfield Board of Selectmen that the ACE has unanswered questions at the moment that have held up its approval of DCAM’s work in and next to the Charles River.   Mr. Rhyne also posted the letter sent by Congressman Lynch to DCAM, which asks DCAM to withdraw it permit application to work out resolution in cooperation with the town of what work should be performed.

http://www.tauntongazette.com/politicker/state/x229294101/Update-Army-Corps-of-Engineers-still-undecided-about-DCAM-permit-to-remediate-former-Medfield-State-Hospital-toxic-waste

At the request of the Board of Selectmen, Mike Sullivan has scheduled a meeting between the Board of Selectmen and the Army Core of Engineers about the Core’s permit for DCAM to conduct clean up work in the Charles River.

10:00AM,  9/19/2011
Army Corp meeting at Medfield Town House

Two appeals have been taken of the Conservation Commission’s granting of an Order of Conditions (OOC) to DCAM to do the work in the Charles River and on its adjoining river bank.

The Charles River Watershed Association and The Trustees of the Reservation jointly appealed – https://medfield02052.blog/wp-content/uploads/2011/09/20110908-crwa-sooc-submitted-ltr9-8-11.pdf

Ten Medfield residents also appealed that Medfield Conservation Commission (ConCom) Order of Conditions (OOC) – https://medfield02052.blog/wp-content/uploads/2011/09/20110908-wjm-sooc-completepetitionsubmission.pdf

The Massachusetts DEP yesterday approved the DCAM proposed clean up of the Medfield State Hospital C&D area that will cap the waste material, instead of remove it as the town requested.  Monitoring is required, and “additional remedial action alternatives will be required to maintain conditions of No Substantial Hazard or No Significant Risk” if problems are noted.

Link to DEP’s approval – https://medfield02052.blog/wp-content/uploads/2011/09/20110908-dep-2-3020799-medfield-cd-irap-approval-09-08-2011.pdf

Last night the DCAM handed out two reports (that combined were about 5″ thick documents) to the attendees at the PIP meeting at the Town House, as they presented those Phase II and Phase III reports.  These two documents are the Draft Phase II Comprehensive Site Assessment and the Draft Phase III Evaluation/Selection of Remedial Alternatives, respectively, the summary of the clean up problems at the Medfield State Hospital and the proposed solutions.  The solutions are basically a combination of the previously announced temporary fix of the C&D area, plus the newly presented solution to treating the VOC’s by pumping air into the ground to oxidize away the VOC’s – the VOC’s are thereby transformed from a liquid into a gas.

The Phase II and Phase III documents will hopefully be added to the town’s and/or the DEP’s website.  This is a link to the DCAM’s PowerPoint slides from the meeting last night – https://medfield02052.blog/wp-content/uploads/2011/09/20110908-dcam-powerpoint-slides-of-phase-ii-iii-reports.pdf