DEPARTMENT OF THE NAVY NORTHERN DIVISION

NAVAL FACILITIES ENGINEERING COMMAND

10 INDUSTRIAL HIGHWAY

MAIL STOP, #82

LESTER, PA 19113-2090 IN REPLY REFER TO

Ms Christine A P. Williams Remedial Project Manager

Environmental Protection Agency, Region Sp

5090 Code 1811/MD

1 1 MAY 2000

u s, One Congress Street, Suite Boston, MA 02114-2023

(HBT)

Dear Ms. Williams

d Records Center * * * „ * , >

BREAK: <P' / OTHER: V ^ / u T g —

SUBJECT- MEMORANDUM OF AGREEMENT AMONG THE U.S. NAVY, THE U.S. ENVIRONMENTAL PROTECTION AGENCY, AND THE TOWN OF NORTH KINGSTOWN, RHODE ISLAND FOR FORMER NAVAL CONSTRUCTION BATTALION CENTER (NCBC), DAVISVILLE, RI PARCEL 9, ZONE 3, CALF PASTURE POINT (18 9 ACRES)

A Final signed copy of the Memorandum of Agreement (MOA) among the U.S. Navy, The U S. Environmental Protection Agency, and the Town of North Kingstown, Rhode Island for the subject property is attached for your records All comments have been incorporated or otherwise addressed.

Any questions please contact Michele DiGregono at (610) ext 117 or myself at ext 125

595-0567

Enclosure Copy to CSO - W. Davis

Town of North Kingstown Mr Richard Kerbel

hn Mayhew, REM y direction of the

Commanding Officer

SDMS DocID 492002

V

MEMORANDUM OF AGREEMENT AMONG THE U.S. NAVY, THE U.S. ENVIRONMENTAL PROTECTION AGENCY, AND THE TOWN OF NORTH KINGSTOWN, RHODE ISLAND

SUBJECT Naval Construction Battalion Center, Calf Pasture Point, Site 07, NPL Site Institutional Controls

WHEREAS, the United States acting by and through the Department ofthe Navy (the "Navy") is the owner in fee simple of certain parcels of land (the "Property") more particularly shown on a survey plan entitled Class I Survey Division of Property Plan of Land in North Kingstown, Rhode Island, Parcel No 9 Calf Pasture Point and to be recorded in the North Kingstown Recorder of Deeds (the "Survey"), and intends to transfer title to the Property (the "Property Transfer"), more specifically described as Lot 1 in the Survey to the Town of North Kingston (the "Town"),

WHEREAS, the Property is situated within a disposal site now or formerly known as the Navy Construction Battalion Center Superfund Site (the "Site") which has been listed on the National Priorities List, set forth at 40 C F R Part 300, Appendix B, by publication in the Federal Register on 21 November 1989, pursuant to Section 105 ofthe Comprehensive Environmental Response, Compensation, and Liability Act of 1980,42 U S C §9601 el seq, as amended ("CERCLA"), 42 U S C §9605,

WHEREAS, the Navy, the United States Environmental Protection Agency ("EPA"), and the Rhode Island Department of Environmental Management ("RIDEM") have entered into a "Federal Facility Agreement Under CERCLA Section 120," 42 U S C §9620, last executed on 23 March 1992, under which the Navy undertook the responsibility to identify and perform response actions needed at the Site,

WHEREAS, the Navy, with the concurrence of EPA and RIDEM, has specified certain response actions forthe Site in a "Final Record of Decision for Calf Pasture Point, Site 7," dated 30 September 1999 (the "ROD"), which includes and requires institutional controls in the nature of deed restrictions to prevent certain activities and uses in specified restricted areas,

WHEREAS, the Navy, pursuant to its obligations under CERCLA to ensure that the remedies selected in the ROD (the "Remedy") are protective of human health and the environment, must ensure the effectiveness of, and compliance with, the institutional controls,

WHEREAS, the Navy desires to arrange for the Town to perform certain inspection and reporting obligations in connection with the institutional controls at the Site in accordance with the IC inspection Criteria, set forth in Attachment 2, which shall be an integral and enforceable part of this agreement, and

WHEREAS, the Navy, EPA, and the Town desire to outline certain procedures and responsibilities to ensure future compliance with the institutional controls,

NOW, THEREFORE, the Navy, EPA, and the Town (collectively, the "Parties") agree as follows

I The Navy shall reserve all ofthe rights from any and all subsequent conveyances, including without limitation the Property Transfer, and the deed and other conveyancing instruments used to effectuate any such conveyances Provided, that the Navy shall not have the right to transfer access rights required under Title 42 United States Code section 9620 (h)(3)(C) to enforce the remedial action under the ROD, without prior written notification to EPA in accordance with the parameters outlined in the ROD The Navy shall not have the right to transfer, assign or otherwise convey any or all of said rights, without prior written notification of EPA Further provided, that in accordance with the foregoing limitations, the Navy's deed for the Property Transfer (the "Deed") shall be in substantially the form attached hereto as

04/20/00

'4 .

Attachment 1

2 Notwithstanding any other provision of this agreement, the Navy shall take appropriate action, as necessary, to ensure that the Remedy is protective of human health and the environment, including without limitation by ensuring the effectiveness of, and compliance with, the institutional controls Such action shall ultimately include ensuring that the Navy's successors in title to the Property comply with the restrictions on activities and uses established in the Deed including by enforcement, and, if necessary, by performing response actions, with respect to contamination existing prior to the date of transfer, to cure any noncompliance

3 The EPA does not oppose delegation ofthe responsibility to perform institutional controls ("IC") inspections ofthe Property, the details of which are set forth in this agreement, by the Navy to the Town provided that

(i) the inspections are performed in accordance with the attached IC Inspection Criteria (Criteria), set forth in Attachment 2, which Cntena shall be an integral and enforceable part of this Agreement,

(u) there shall be no re-delegation ofthe IC inspection responsibility to any other party, without the prior written approval ofthe Navy, and EPA, and the Deed will so provide

4 The Navy agrees that if the Town or other approved party fails to conduct the IC inspection in accordance with the Criteria, then within 30 days ofthe occurrence such failure (i) the Navy will take appropriate action to ensure that the Town or other approved party perform the inspection or (ii) the Navy will perform the IC inspection in accordance with the Criteria

5 The Navy further agrees that if, based on information received through the IC inspections or otherwise, the Navy determines that an owner of, and/or tenant at, the Property is not complying with the institutional controls, the Navy shall meet with the owner and/or tenant to attempt to resolve the violation informally If the matter can not be resolved informally, the Navy will take appropriate enforcement action In addition, the Navy shall provide EPA with written notice of any such noncompliance Nothing tn this paragraph shall affect EPA's authority to take independent enforcement action in connection with the violation pursuant to the terms ofthe CERCLA or other applicable law

6 In connection with the Navy's obligations under the FFA to perform five-year reviews ofthe Site, the Navy will review the IC reports and groundwater monitoring reports and any supporting documentation generated in evaluating whether the remedy at the Site remains protective

7 The Navy shall not be subject to penalties, except as under the term ofthe FFA and CERCLA, following the Properly Transfers, for violations by the Navy's successors in title to the Property ofthe restrictions on activities listed in the Deed, provided that the Navy has not caused, contributed to, nor exacerbated any such violations Nothing in this paragraph shall limit the Navy's obligation to perform any additional remedial action pursuant to CERCLA Section 120(h).

8 This agreement shall become effective upon the date last executed by the Parties and may be modified or terminated only upon the written consent of all Parties

04/20/00

The undersigned representative ofthe U S Department ofthe Navy certifies that he/she is fully authorized to consent to the terms and conditions of this Memorandum of Agreement among the U S Navy, the U S. Environmental Protection Agency, and the Town of North Kingstown, Rhode Island, pertaining to the Naval Construction Battalion Center, Calf Pasture Point, Site 07 NPL Site Institutional Controls and to legally to bind such Party hereto

U S DEPARTMENT OF THE NAVY

DATE

04/20/00

i . The undersigned representative ofthe Town of North Kingstown certifies that he/she is fully authorized to consent to the terms and conditions of this Memorandum of Agreement among the U S Navy, the U S Environmental Protection Agency, and the Town of North Kingstown, Rhode Island, pertaining to the Naval Construction Battalion Center, Calf Pasture Point, Site 07 NPL Site Institutional Controls and to legally to bind such Party hereto

TOWN OF NORTH KINGSTOWN, RHODE ISLAND

RICHARD Ki i tmi

TOWN M A N A O I R

DAI

04/20/00

1 > L '

I, The undersigned representative ofthe U S Environmental Protection Agency certifies that he/she is fully authorized to consent lo the terms and conditions of this Memorandum of Agreement among the U S Navy, the U S Environmental Protection Agency, and the Town of North Kingstown, Rhode Island, pertaining to the Naval Construction Battalion Center, Calf Pasture Point, Site 07 NPL Site Institutional Controls and to legally to bind such Party hereto

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

BY -e£&2-^ r > j 23 /oO

P A I R J C I A M I AN) Y, DIRKIOR,

O i l ICI Ol Si l l RIMIDIAIION'ANDRISIOUAIION

I NVIRONMI N I Al PRO 11 C1 ION ACil NtY, NI W I NG1 AND

DATE

04/20/00

\> Attachment 1

ENVIRONMENTAL COVENANTS, CONDITIONS, RESERVATIONS, and RESTRICTIONS

For Parcel 9, Zone 3, Calf Pasture Point at the NAVAL CONSTRUCTION BATTALION CENTER,

DAVISVILLE, RHODE ISLAND

1 Notice of Environmental Condition Information conceming the environmental condition of Parcel "9" are contained in the following documents which are incorporated herein by reference, and the receipt of which are hereby acknowledged by the GRANTEE • Final Basewide Environmental Baseline Survey (EBS), Naval Construction Battalion

Center (NCBC), Davisville, North Kingstown, Rhode Island, dated October 1995 • Environmental Baseline Survey to Transfer (EBST) Parcel 9, Zone 3, Calf Pasture

Point (189 Acres), at the Former Naval Construction Battalion Center (NCBC), Davisville, Rhode Island, dated 2 October 1998

• Record of Decision (ROD) for Site 7 Calf Pasture Point Naval Construction Battalion Center Davisville, Rhode Island signed 30 September 1999

• Finding of Suitability to Transfer (FOST) for Parcel 9, Zone 3, Calf Pasture Point (189 Acres) at the Former Naval Construction Battalion Center (NCBC) Davisville, Rhode Island

2 Federal Facilities Agreement The Davisville Naval Construction Battalion Center Federal Facilities Agreement, dated March 1992, as amended, is incorporated herein by reference and made a part hereof as if set out al length

3 Environmental Land Use Restrictions Pursuant to the Rhode Island Remediation Regulations Pursuant to the ROD, environmental land use restrictions for Parcel "9" have also been recorded separately in the form required by Rule 8 09 ofthe Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases, CRIR 12-180-001

4 Institutional Control Inspection Criteria The Naval Construction Battalion Center, Site 07 Institutional Control (IC) Inspection Criteria, dated 23 March 00, is incorporated herein by reference (Exhibit "A")

5 Covenant required by Title 42, United States Code at section 9620(h)(3)(B) In accordance with the requirements and limitations contained in Title 42, United States Code al section 9620(h)(3)(B), the GRANTOR hereby warrants that-

(a) All remedial action necessary to protect human health and the environment With respect to any hazardous substances remaining on Parcel 9, Zone 3, Calf Pasture Point (189 acres), has been taken, and

Final 15 March, 2000

(b) Any additional remedial action found to be necessary after delivery of this Quitclaim Deed shall be conducted by the GRANTOR

6 Reservation of Access by Title, 42 United States Code at the section 9620(h)(3)(C) In accordance with the requirements and limitations contained in Tille42, United Slates Code at section 9620(h)(3)(C), and the Davisville Naval Construction Battalion Center Federal Facilities Agreement, dated March 1992, as amended, the GRANTOR, for itself and the State of Rhode Island, expressly reserves all reasonable and appropriate rights of access to Parcel 9, Zone 3, Calf Pasture Point described herein when remedial action or corrective action is found to be necessary after delivery of this Quitclaim Deed The right of access described herein shall include the right to conduct tests, investigations, inspections relating to complying with environmental restrictions and surveys, including, where necessary, drilling, test pitting, boring, and other similar activities Such rights shall also include the right to conduct, operate, maintain or undertake any other response or remedial action as required or necessary including, but not limited to, monitoring wells, pumping wells, and treatment facilities GRANTEE agrees to comply with activities ofthe GRANTOR in furtherance of these covenants and will take no action to interfere with future necessary remedial and investigative actions ofthe GRANTOR Any such entry, including such activities, responses or remedial actions, shall be coordinated with the GRANTEE or its successors and assigns, and shall be performed in a manner which minimizes (a) any damage to any structures on Parcel 9, Zone 3, Calf Pasture Point and (b) any disruptions ofthe use and enjoyment of Parcel 9, Zone 3, Calf Pasture Point

7 GRANTOR Indemnification as required by United States Public Law 102-484 section 330

(a) Pursuant to Section 330 of P L 102-484, as amended, and subject to the provisions contained herein, the GRANTOR shall hold harmless, defend and indemnify, in full, GRANTEE, and person or entity that acquires ownership or control from the GRANTEE, or any successor, assignee, transferee or lender of the GRANTEE, (collectively and individually "Indemmtee(s)", from and against any suit, claim, demand, administrative or judicial action, liability, judgement, cost or fee, arising out of any claim for personal injury or property damage (including death, illness, loss or damage to property or economic loss) that results from, or is in any manner predicated upon, the release or threatened release of any hazardous substance, pollutant, contaminant, petroleum or petroleum derivative from or on Parcel 9, Zone 3, Calf Pasture Point, as a result of Department of Defense activities at Parcel 9, Zone 3, Calf Pasture Point

(b) In any case in which the GRANTOR determines that it may be required to indemnify an Indemmtee(s) for any suit, claim, demand, administrative or judicial action, liability, judgement, cost or fee arising out of any claim for personal injury or property damage, the GRANTOR may settle or defend on behalf of that Indemmtee(s), the claim for personal injury or property damage

(c) If any Indemmty(s) does not allow the GRANTOR to settle or defend the

claim, such Indemmlee(s) will not be afforded indemnification with respect to that claim

(d) The GRANTOR will not indemnify the Indemmlee(s) unless such Indemnilee(s)

(1) Notifies the GRANTOR in writing within 90 days after such an indemnification claim accrues If Indemmtee(s) is served with a complaint or written notice of a claim by federal, stale, or local regulators, Indemmtee(s) will provide the GRANTOR with a copy of such document no later than 15 days following service ofthe complaint A claim for indemnification accrues when the Indemmtee(s) receives written notice of any suit, claim, demand, administrative or judicial action, liability, judgement, cost or other fee, which relates to personal injury or property damage, that the Indemmtee(s) knows or may be deemed reasonably to have known, may have been caused or contributed to by Department of Defense activities Indemnitee(s)' right to indemnification shall not expire due to late notice unless the GRANTOR'S ability to defend or to settle is materially and adversely affected,

(2) Furnishes the GRANTOR copies of pertinent papers the Indemmtee(s) receives,

(3) Furnishes, to the extent it is in the possession or control of Indemmtee(s), evidence or proof of any claim, loss, or damage covered herein, and

(4) Provides, upon written request ofthe GRANTOR, reasonable access to the records and personnel ofthe Indemmtee(s) for purposes of defending or settling the claim or claims

(e) The GRANTOR will not indemnify an Indemmtee(s) to the extent such Indemmtee(s) caused or contributed to any release or threatened release of any hazardous substance, pollutant, contaminant, petroleum or petroleum derivative from or on PARCEL 9, Zone 3, Calf Pasture Point The GRANTOR is entitled to contribution from Indemmtee(s) to the extent the GRANTOR shows that such Indemmtee(s) caused or contributed to any release However, the availability of contribution shall not affect the requirement ofthe GRANTOR to defend an Indemmtee(s), unless such Indemnitee(s) is solely responsible for the release or threatened release giving rise to the claim for indemnity, in which case the GRANTOR'S duty to defend will not exist as to that claim

(f) For purposes contained herein, the following terms have the meanings indicated below

(1) "release", "threatened release", "hazardous substance", "pollutant", "contaminant", "removal", "remedial action", and "response" have the meanings given such terms under the Comprehensive Environmental Response,

Compensation and Liability Act (CERCLA) (42 USC 9601 et seq) and U S Environmental Protection Agency regulations implementing CERCLA

(2) "Department of Defense activities" means the Department of Defense's construction, installation, placement, operation, maintenance, use, misuse, abandonment of or failure to maintain the buildings and equipment and land at PARCEL 9, Zone 3, Calf Pasture Point, or failure to satisfy any otherwise legally applicable obligation to investigate or remediate any environmental conditions existing at PARCEL 9, Zone 3, Calf Pasture Point "Department of Defense activities" does not mean the release or threatened release is caused or contributed to by the Indemmtee(s)

(3) "Action arising out of any claim for property damage" includes, but is nol limited to, any judicial, administrative or private cost recovery proceeding brought against an Indemmtee(s) (a) for response costs arising under CERCLA, (b) for costs incurred to enjoin or abate the presence or migration of contamination from or on PARCEL 9, Zone 3, Calf Pasture Point, under the Resource Conservation and Recovery Act (RCRA) (42 USC 6901 et seq ), or (c) for costs incurred lo comply with the requirements of similar federal or state laws and regulations (or the laws of any political subdivision ofthe state) which arise from environmental conditions at PARCEL 9, Zone 3, Calf Pasture Point

(4) "Environmental condition(s)" means any hazardous substance, pollutant or contaminant, including hazardous waste or hazardous constituent, petroleum or petroleum derivative disposed of, released or existing in environmental media such as soil, subsurface soil, air, groundwater, surface water or subsurface geological formations at levels above background

(5) A release or threatened release which an Indemnitee "caused or contributed to" excludes actions by an Indemnitee which uncover environmental conditions arising from Department of Defense activities, including but not limited to testing of PARCEL 9, Zone 3, Calf Pasture Point, the excavation of soil, and the demolition of structures, and efforts to properly address an environmental condition arising from Department of Defense activities, provided, however, that (a) the Indemnitee's actions are in accordance with applicable federal, slate, and local laws, (b) the Indemnitee's notifies the GRANTOR in accordance with the notification provisions contained herein, and (c) the Indemnitee's actions are not negligent

8 Lead-Based Paint The GRANTEE covenants and agrees, on behalf of itself, its successors and assigns, that it will comply with all Federal, slate, and local laws relating to lead-based paint in its use and occupancy of Parcel 9, Zone 3, Calf Pasture Point (including demolition and disposal of existing improvements) The GRANTEE shall hold harmless and indemnify the GRANTOR from and against any and all loss, judgement, claims, demands, expenses, or damages or whatever nature or kind which might arise or be made against the GRANTOR as a result of lead-based paint having

been present on Parcel 9, Zone 3, Calf Pasture Point herein described Improvements on Parcel 9, Zone 3, Calf Pasture Point were constructed prior to 1978 and, as with all such improvements, a lead-based paint hazard may be present.

9 Presence of Asbestos The Grantee, its successors and assigns, are hereby warned and do acknowledge that certain portions ofthe improvements on Parcel 9, Zone 3, Calf Pasture Point subject to this Quitclaim Deed are thought to contain asbestos-laden materials The GRANTEE, by acceptance of this Quitclaim Deed, covenants and agrees, for itself, its successors and assigns, that in its use and occupancy of Parcel 9, Zone 3, Calf Pasture Point (including demolition and disposal of existing improvements) it will comply with all Federal, state, and local laws relating to asbestos and that the GRANTOR assumes no liability for damages for personal injury, illness, disability or death to the GRANTEE, or to GRANTEE'S successors, assigns, employees, invitees, or any other person, including members ofthe general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos on Parcel 9, Zone 3, Calf Pasture Point whether the GRANTEE, its successors or assigns, has properly warned or failed to properly warn the individual(s) injured Section 101-47.304-13 ofthe Federal Property Management Regulations, attached hereto as Exhibit "B" and made a part hereof, contains complete warnings and responsibilities relating to asbestos-laden materials.

10 Restriction on waler supply wells The GRANTEE, its successors and assigns shall not install water supply wells within the Property for any reasons whatsoever This deed restriction will be required for as long as site conditions may pose an unacceptable risk to human health or the environment

11 Restriction on land usage The GRANTEE, its successors and assigns will not develop the land for residential or commercial development since the ROD allows only use for a park and recreation This restriction under the ROD will only be required for as long as site conditions may pose an unacceptable risk to human health and the environment Independent ofthe ROD restriction, land use is restricted to a park and recreation since the property is being transferred as a public benefit conveyance for use as an open space/conservation area, in perpetuity

12 Restriction on improvements The GRANTEE, its successors and assigns will not construct or develop any building, structure, facility or other improvement without adequate ventilation as approved by the GRANTOR, U S Environmental Protection Agency, and Rhode Island Department of Environmental Management within the portion ofthe land described as follows (Metes and Bounds Survey to be included as Attachment "A") This deed restriction will be required for as long as site conditions may pose an unacceptable risk to human health or the environment

13 Protection of Monitoring Wells The monitoring well system, described in Exhibit "C" attached hereto, is not to be damaged or disturbed in any way that would interfere with the selected remedial action in the ROD

14 Requirement for Annual Certification The GRANTEE, it's successors and assigns shall, on al least an annual basis commencing one year following the effective date of this QUITCLAIM DEED, certify in writing to the GRANTOR, the United States Environmental Protection Agency, and Rhode Island Department of Environmental Management that through physical and record inspection, site conditions are in accordance with the IC Inspection Criteria, Exhibit "A"and the aforementioned restrictions 10,11, 12 & 13 during the preceding 12 months Upon review of or failure to receive certification by the GRANTEE, the Navy will consult with the EPA, RIDEM, and the Town Manager of North Kingstown, Rhode Island to determine the appropriate corrective action and may seek Department of Justice enforcement Within 30 days of the failure ofthe Town or other approved party to properly carry out the institutional control inspection under Exhibit "A", the Navy will either ensure that the Town or other approved party perform under the Criteria or the Navy will perform the required inspection under the Cntena

MAY-22-2000 09=19 CODE 18 ENUIRONT1ENTAL 610 595 0555 P.03/03

LEGAL DESCRIPTION

PARCEL HO.9

The following boundary description is for a tract of land identified as Parcel Ko. 9, containing 189 acres of land and is shown on Attachment "A". U.S. Naval Construction Battalion Center Davisville. Rhode Island, Activity Code Ho. 2506-200 Major Claimant - NAVFAC. Real Estate Summary Map. Y&D Dwg.No.1.030,749, sheet 1 Of 2, UZC 6257S and Attachment "B", U.S. Naval Construction Battalion Center, Davisville RZ. General Developmment Map. Existing and Planned Pre-M-Day, Key Map. Y&D Owg No. 8S2231 sheet l of 5, for any internal parcel, street and/or building identification requirements.

Beginning at a point in the southeasterly right of way line of Sanford Road and the westerly shore line of Narragansett Bay; thence following the shore line of Narragansett Bay in a southerly and southwesterly direction to a point in the northeasterly entrance/shore line of Allen Karbor and continuing in a northerly and northwesterly direction along said northern shore line of Allen Harbor an approximate distance of 8,762' to a point; thence N 60 52 02 W an approximate distance of 128' to a point in the easterly right of way line of Sanford Road; thence following said easterly right of way line H 32 59 41 E a distance of 1.850.68' to a point; thence N 14 55 20 W a distance of 790.95' to a point; thence staying with the now southerly right of way line of Sanford Road N 66 17 36 E a distance of 76.48' to a point; thence H 71 27 04 S a distance of 124.37' to a point; 'thence N 75 44 05 E an approximate distance of 1.309' to tbe point and place of beginning, containing approximately 189 acres of land, more or less.

There are no known easements attached to this parcel.

Attachment "A"

T0TRL P.03

>

*

NAVAL CONSTRUCTION BATTALION CENTER, CALF PASTURE POINT,

SITE 07 INSTITUTIONAL CONTROL (IC) INSPECTION CRITERIA

I Annual Inspection An annual inspection ofthe Property will be performed to ensure IC compliance The first annual inspection shall be performed within 12 months ofthe execution ofthe "Memorandum of Agreement among the U S Navy, the U S Environmental Protection Agency, and the Town of North Kingstown, Rhode Island" pertaining to the Naval Construction Battalion Center, Calf Pasture Point, Site 07 NPL Site Institutional Controls and each subsequent annual inspection shall be performed no later than 12 months following the preceding such inspection Inspections will be performed annually in connection with the ROD at the Site The inspection may be accomplished more frequently than annually The annual inspection will include the following components

A. Inspect Documentation - Inspect documentation to ensure no permits have been issued to change the use ofthe site, build over the plume or install groundwater wells Such documents may include 1 Notices filed with the Town of North Kingstown or RIDEM, or CRMC 2 Building Permits 3 Department of Publ ic works Perm its 4 Zoning permits or variances 5 Conservation Commission findings, proposal or notices of intent, and 6 Such other documents as the Navy, EPA, and RIDEM Project Managers may determine are necessary to evaluate the continued protectiveness ofthe institutional controls established in the ROD and the Deed

B Physical On-Site Inspection - After reviewing the documents assembled and performing the necessary interviews, the party conducting the inspection will undertake a physical, on-site inspection ofthe property to determine compliance with the institutional controls The physical on-site inspection shall include examination ofthe following

1 Land use conditions (presence of buildings and level of recreational use ofthe site), 2 Evidence of any ground water extraction wells, 3 Evidence of any damage to the monitoring well network, and 4 Such other conditions as the Navy, EPA and RIDEM Project Managers may determine are necessary to evaluate the continued protectiveness ofthe institutional controls

The party conducting the inspection will annotate all observations, including observation of any known or suspected violations, on an inspection checklist

II Annual Report A copy ofthe annotated inspection checklist, a written summary ofthe findings for each separately owned lot or parcel of land within the Property and all supporting documentation shall be provided to the Navy, EPA and RIDEM withm 30 days after completion ofthe inspection The Annual Report shall explain the basis of any known or suspected violations identified during the Annual Inspection The Town will include a certification in the annual report in accordance with the Environmental Covenants, Conditions, Reservations, and Restrictions Requirements for Annual Certification paragraph 14

The Navy will be performing Long-Term Monitoring at Site 7, every 9 months until seasonal trends have been determined During that time, the inspection shall be accomplished to coincide with the Long-Term Monitoring sampling and conducted jointly by the Navy (or its contractor) and the Town of North Kingstown After the Long Term Monitoring /Fieldwork exceeds 12 months between events, the inspection shall be accomplished by the Town of North Kingstown It is the intent ofthe Navy to remind

04/11/00 Exhibit "A"

4

the Town of North Kingstown ofthe inspection at least 30 days prior to the inspection

III Five-Year Review Dunng the second five-year review to be conducted in connection with the Calf Pasture Point ROD at the Site, the Navy, EPA and RIDEM will re-evaluate the scope and frequency of such inspections These Inspection Criteria may be revised as necessary to ensure institutional control compliance with the consent ofthe designated Navy, EPA and RIDEM project managers

IV Address Correspondence related to the Annual Review shall be sent as per the FFA The following address shall be used for the Town of North Kingstown

Town Manager Town of North Kingstown 80 Boston Neck Road North Kingstown, Rl 02852-5762

04/11/00 Exhibit "A'

ll

CODE OF FEDERAL REGULATIONS TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

SUBTITLE C--FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

SUBCHAPTER H--UTILIZATION AND DISPOSAL PART 101-47--UTILIZATION AND DISPOSAL OF REAL PROPERTY

SUBPART 101-47.3--SURPLUS REAL PROPERTY DISPOSAL S 101-47.304 ADVERTISED AND NEGOTIATED DISPOSALS.

§ 101-47.304-13 Provisions relating to asbestos.

Where the existence of asbestos on the property has been brought to the attention of the disposal agency by the Standard Form 118 information provided in accordance with § 101-47.202-2) (b) (9), the disposal agency shall incorporate such information (less any cost or time estimates to remove the asbestos- containing materials) in any Invitation for Bids/Offers to Purchase and include the following:

Notice of the Presence of Asbestos--Warning!

(a) The Purchaser is warned that the property offered for sale contains asbestos-containing materials. Unprotected or unregulated exposures to asbestos in product manufacturing, shipyard, and building construction workplaces have been associated with asbestos-related diseases. Both the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) regulate asbestos because of the potential hazards associated with exposure to airbome asbestos fibers. Both OSHA and EPA have determined that such exposure increases the risk of asbestos-related diseases, which include certain cancers and which can result in disability or death.

(b) Bidders (Offerors) are invited, urged and cautioned to inspect the property to be sold prior to submitting a bid (offer). More particularly, bidders (offerors) are invited, urged and cautioned to inspect the property as to its asbestos content and condition and any hazardous or environmental conditions relating thereto. The disposal agency will assist bidders (offerors) in obtaining any authorization(s) which may be required in order to carry out any such inspection(s). Bidders (Offerors) shall be deemed to have relied solely on their own judgment in assessing the overall condition of all or any portion of the property including, without limitation, any asbestos hazards or concerns.

(c) No warranties either express or implied are given with regard to the condition of the property including, without limitation, whether the property does or does not contain asbestos or is or is not safe for a particular purpose. The failure of any bidder (offeror) to inspect, or to be fully informed as to the condition of all or any portion of the

Exhibit "B*

property offered, will not constitute grounds for any claim or demand for adjustment or withdrawal of a bid or offer after its opening or tender.

(d) The description of the property set forth in the Invitation for Bids (Offer to Purchase) and any other information provided therein with respect to said property is based on the best information available to the disposal agency and is believed to be correct, but an error or omission, including but not limited to the omission of any information available to the agency having custody over the property and/or any other Federal agency, shall not constitute grounds or reason for nonperformance of the contract of sale, or any claim by the Purchaser against the Government including, without limitation, any claim for allowance, refund, or deduction from the purchase price.

(e) The Government assumes no liability for damages for personal injury, illness, disability or death, to the Purchaser, or to the Purchaser's successors, assigns, employees, invitees, or any other person subject to Purchaser's control or direction, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos on the property which is the subject of this sale, whether the Purchaser, its successors or assigns has or have properly warned or failed properly to warn the individual(s) injured.

(f) The Purchaser further agrees that in its use and occupancy of the property it will comply with all Federal, state, and local laws relating to asbestos.

[53 FR 29894,' Aug. 9, 1988]

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Attachment 2

NAVAL CONSTRUCTION BATTALION CENTER, CALF PASTURE POINT,

SITE 07 INSTITUTIONAL CONTROL (IC) INSPECTION CRITERIA

I Annual Inspection An annual inspection ofthe Property will be performed to ensure IC compliance The first annual inspection shall be performed withm 12 months ofthe execution ofthe "Memorandum of Agreement among the U S Navy, the U S Environmental Protection Agency, and the Town of North Kingstown, Rhode Island" pertaining to the Naval Constmction Battalion Center, Calf Pasture Point, Site 07 NPL Site Institutional Controls and each subsequent annual inspection shall be performed no later than 12 months following the preceding such inspection Inspections will be performed annually in connection with the ROD at the Site The inspection may be accomplished more frequently than annually The annual inspection will include the following components

A Inspect Documentation - Inspect documentation to ensure no permits have been issued to change the use ofthe site, build over the plume or install groundwater wells Such documents may include 1 Notices filed with the Town of North Kingstown or RIDEM, or CRMC 2 Building Permits 3 Department of Public works Permits 4 Zoning permits or variances 5 Conservation Commission findings, proposal or notices of intent, and 6 Such other documents as the Navy, EPA, and RIDEM Project Managers may determine are necessary to evaluate the continued protectiveness ofthe institutional controls established in the ROD and the Deed

B Physical On-Site Inspection - After reviewing the documents assembled and performing the necessary interviews, the party conducting the inspection will undertake a physical, on-site inspection ofthe property to determine compliance with the institutional controls The physical on-site inspection shall include examination ofthe following

1 Land use conditions (presence of buildings and level of recreational use ofthe site), 2 Evidence of any ground water extraction wells, 3 Evidence of any damage to the monitoring well network, and 4 Such other conditions as the Navy, EPA and RIDEM Project Managers may determine are necessary to evaluate the continued protectiveness ofthe institutional controls

The party conducting the inspection will annotate all observations, including observation of any known or suspected violations, on an inspection checklist

II Annual Report A copy ofthe annotated inspection checklist, a written summary ofthe findings for each separately owned lot or parcel of land within the Property and all supporting documentation shall be provided to the Navy EPA and RIDEM within 30 days after completion ofthe inspection The Annual Repori shall explain the basis of any known or suspected violations identified during the Annual Inspection The Town will mclude a certification in the annual report in accordance with the Environmental Covenants, Conditions, Reservations, and Restrictions Requirements for Annual Certification paragraph 14

The Navy will be performing Long-Term Monitoring at Site 7, every 9 months until seasonal trends have been determined During that time, the inspection shall be accomplished to coincide with the Long-Term Monitoring sampling and conducted jointly by the Navy (or its contractor) and the Town of North Kingstown After the Long Term Monitoring /Fieldwork exceeds 12 months between events, the

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inspection shall be accomplished by the Town of North Kingstown It is the intent ofthe Navy to remind the Town of North Kingstown ofthe inspection al least 30 days prior to the inspection

III Five-Year Review During the second five-year review to be conducted in connection with the Calf Pasture Point ROD at the Site, the Navy, EPA and RIDEM will re-evaluate the scope and frequency of such inspections These Inspection Criteria may be revised as necessary to ensure institutional control compliance with the consent ofthe designated Navy, EPA and RIDEM project managers

IV Address Correspondence related to the Annual Review shall be sent as per the FFA The following address shall be used for the Town of North Kingstown

Town Manager Town of North Kingstown 80 Boston Neck Road North Kingstown, Rl 02852-5762

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