finding of suitability to transfer fost 2013-2 ... - mrra

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FINDING OF SUITABILITY TO TRANSFER FOST 2013-2 PARCELS EDU-BC-3, EDU-BC-5, AND EDU-BC-6 (Approximately 8.19 Acres) FORMER NAVAL AIR STATION BRUNSWICK BRUNSWICK, MAINE Prepared by: Department of the Navy Base Realignment and Closure Program Management Office East 4911 S. Broad Street Philadelphia, Pennsylvania 19112 June 2013

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Page 1: FINDING OF SUITABILITY TO TRANSFER FOST 2013-2 ... - MRRA

FINDING OF SUITABILITY TO TRANSFER FOST 2013-2

PARCELS EDU-BC-3, EDU-BC-5, AND EDU-BC-6 (Approximately 8.19 Acres)

FORMER NAVAL AIR STATION BRUNSWICK

BRUNSWICK, MAINE

Prepared by:

Department of the Navy Base Realignment and Closure

Program Management Office East 4911 S. Broad Street

Philadelphia, Pennsylvania 19112

June 2013

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TABLE OF CONTENTS SECTION PAGE

TABLE OF CONTENTS ................................................................................................................................ i 

1.0  PURPOSE ........................................................................................................................................ 1 

2.0  PROPERTY DESCRIPTION ............................................................................................................ 1 2.1  Parcel Descriptions .......................................................................................................................... 1 2.2  Proposed Reuse for Transfer Parcels .............................................................................................. 3 

3.0  SUMMARY OF ENVIRONMENTAL REQUIREMENTS AND NOTIFICATIONS ............................ 3 3.1  Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) ................. 4 3.2  Resource Conservation and Recovery Act ...................................................................................... 6 3.3  Presence of Petroleum Products and Derivatives ........................................................................... 8 3.4  Underground Storage Tanks, Aboveground Storage Tanks, and Oil-Water Separators (OWSs) ... 8 3.5  Munitions and Explosives of Concern (MEC) .................................................................................. 9 3.6  Asbestos-Containing Material (ACM) ............................................................................................... 9 3.7  Lead-Based Paint (LBP) ................................................................................................................ 10 3.8  Polychlorinated Biphenyls (PCBs) ................................................................................................. 11 3.9  Pesticide Notification ...................................................................................................................... 12 3.10  Environmental Notices, Restrictions, and Covenants .................................................................... 12 3.11  Environmental Compliance Agreements/Permits/Orders .............................................................. 12 3.12  Availability of References ............................................................................................................... 12 3.13  Notification to Regulatory Agencies and Public ............................................................................. 13 

4.0  FINDING OF SUITABILITY TO TRANSFER ................................................................................ 14  EXHIBITS A References B Figures and Tables Figure B-1 Location Map Figure B-2 Aerial View Figure B-3 Features Map (Main Base) Figure B-4 Parcel Features Map (Central) Parcel EDU-BC-3 Figure B-5 Parcel Features Map (North) Parcel EDU-BC-5 Figure B-6 Parcel Features Map (South) Parcel EDU-BC-6 Table B-1 Current and Former Buildings and Land Area Table B-2 Summary of Environmental Sites on or Near Transfer Parcels Table B-3 Environmental Issues by Building and Land Area Table B-4 Summary of Documented Spills Table B-5 Underground Storage Tanks Table B-6 Aboveground Storage Tanks Table B-7 Summary of Asbestos Containing Material Table B-8 Summary of Current and Removed Equipment Containing Dielectric Fluid

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TABLE OF CONTENTS

EXHIBITS (cont.) C Notice of Petroleum Products and Derivatives D Asbestos-Containing Materials Hazard Disclosure and Acknowledgment Form E Lead-Based Paint Hazard Disclosure and Acknowledgment Form F Environmental Notices, Restrictions, and Covenants G Comments and Responses

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1.0 PURPOSE

This Finding of Suitability to Transfer (FOST) summarizes how the requirements and notifications for

hazardous substances, petroleum products, and other regulated material on Parcels EDU-BC-3, EDU-

BC-5, and EDU-BC-6 (Transfer Parcels) have been satisfied. This FOST documents my determination,

as the responsible Department of Defense (DoD) component official, that certain real property and

associated improvements at the former Naval Air Station Brunswick (NASB) are environmentally suitable

for deed transfer subject to the notices, restrictions, and covenants set forth in this document. The

Transfer Parcels are located on the former NASB Main Base in Brunswick, Maine, as depicted on Figure

B-1. They will be conveyed to one GRANTEE, Bowdoin College. The parcels comprise approximately

8.19 acres of land that were used for munitions, electronics, and general equipment storage, an Ultra

High Frequency/Very High Frequency (UHF/VHF) Transmitter Facility with antenna field, and a Radar Air

Traffic Control Facility Antenna building and radar tower.

The suitability for transfer decision is based primarily on review of information contained in reports, former

NASB Environmental Department records, and other communications listed in Exhibit A (References).

Factors leading to this decision and other pertinent information related to property transfer requirements

are stated below.

2.0 PROPERTY DESCRIPTION

2.1 Parcel Descriptions

The Transfer Parcels are identified in the following table with their parcel identification number (ID), the

applicable reuse district based on the Reuse Master Plan (Matrix, 2007), approximate acreage, the

conveyance mechanism (e.g., Public Benefit Conveyance [PBC]), and the intended recipient

(GRANTEE).

Parcel ID Reuse Master Plan District Approximate

Acres Conveyance GRANTEE

EDU-BC-3 Education/Natural Areas District 4.48 PBC Bowdoin College

EDU-BC-5 Education/Natural Areas District 3.01 PBC Bowdoin College

EDU-BC-6 Education/Natural Areas District 0.7 PBC Bowdoin College

FOST 2013-2 Total Acres 8.19

The acreages presented for the Transfer Parcels are approximate. The figures and descriptions included

in this FOST provide a general depiction of the boundaries of, and buildings and structures within, the

Transfer Parcels as depicted in Figures B-2 through B-6. The exact boundaries of the Transfer Parcels

will be determined by a real estate survey, along with a map and legal description that meets the

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requirements of the Cumberland County Registry of Deeds. All improvements (buildings and facilities)

will be conveyed with the land.

Parcels EDU-BC-5 and EDU-BC-6 were previously proposed for transfer to the Federal Aviation

Administration (FAA). In July 2012, Navy forwarded proposed transfer documentation to FAA and

requested their decision on accepting custody and control of three land parcels, which included Parcels

EDU-BC-5 and EDU-BC-6. The FAA did not accept the transfer and formally withdrew its request for the

property in September 2012. The Navy retained custody and control of Parcels EDU-BC-5 & EDU-BC-6.

Bowdoin College subsequently requested Parcels EDU-BC-5 and EDU-BC-6 by modifying its approved

Education PBC.

Parcel EDU-BC-3 is located in the west-central portion of the former Main Base between the runways and

the western base boundary (Figure B-4). The existing buildings, structures, and open space areas within

the parcel are described in Table B-1. The parcel includes Perimeter Road Cut-Off along its western

boundary, Building 64 (West Bunker) on the east side of the road, and an open, undeveloped area

covered with grass and trees. The parcel is located within the Former Munitions Bunker West Site

investigated under the Navy Munitions Response Program (MRP), as further described in Section 3.5.

Building 64 was constructed in 1943 as an earth-covered Incendiary Materials Magazine and was

converted to a non-munitions storage facility between 1976 and 1983. It was most recently used to store

personnel gear and spare parts. There are no utilities serving the building.

Parcel EDU-BC-5 is located north of Parcel EDU-BC-3 in the west-central portion of the former Main Base

between the runways and the western base boundary (Figure B-5). The existing and former buildings,

structures, and open space areas within the parcel are described in Table B-1. The parcel includes

Buildings 227 (Generator Building) and 280 (UHF/VHF Transmitter Building), both constructed in 1956,

and an open, grassy antenna field with six 56-foot-high transmitter towers. Electrical service is provided

to Buildings 227 and 280 by Midcoast Regional Redevelopment Authority (MRRA). Emergency and

standby electrical power is provided for the Building 280 transmitter by the generator housed in Building

227. Building 280 is connected to the base-wide water distribution system and is served by a septic

system.

Parcel EDU-BC-6 is located south of Parcel EDU-BC-3 in the west-central portion of the former Main

Base between the runways and the western base boundary (Figure B-6). The existing buildings,

structures, and open space areas within the parcel are described in Table B-1. The parcel includes

Building 646 (Radar Air Traffic Control Facility Antenna Building), a radar tower, and a small generator

shed within a fenced, grass-covered yard area. Building 646 and the 50-foot-high radar tower were

constructed in 1979. The Quarry Site, an MRP site under ongoing investigation, is located to the south

just beyond the parcel boundary. Electrical service is provided to Building 646 by MRRA. Emergency

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electrical power is provided by the generator housed in the shed. There is no water or sewer service on

the parcel.

2.2 Proposed Reuse for Transfer Parcels

The approved Brunswick Naval Air Station Reuse Master Plan (Matrix, 2007) establishes the overall

framework for future reuse and redevelopment of the former NASB. The Transfer Parcels are either in or

are surrounded by Reuse Master Plan districts designated for education and/or natural area uses.

Bowdoin College has requested approval from the U.S. Department of Education to acquire its portion of

the former NASB under a PBC for educational purposes. The intent of the Education District is to allow

for university and college-level academic, administrative and support facilities, including classrooms,

administrative and support facilities, athletic and sporting events, and student/faculty housing. Bowdoin

College has indicated use of their parcels may also include environmental studies, green houses, and

other education-related activities. The proposed reuse for the Transfer Parcels is consistent with the

Master Reuse Plan, subject to the notices, restrictions, and covenants set forth in Exhibit F of this FOST.

3.0 SUMMARY OF ENVIRONMENTAL REQUIREMENTS AND NOTIFICATIONS

Available information concerning the past storage, release, or disposal of hazardous substances and/or

petroleum products on the Transfer Parcels was compiled from record searches conducted or data

generated from the following documents: the Initial Assessment Study (IAS, Naval Energy and

Environment Support Activity [NEESA], 1983); the Environmental Condition of Property (ECP) report

(U.S. Department of the Navy (DoN) Base Realignment and Closure [BRAC] Program Management

Office [PMO], 2006); the Community Environmental Response Facilitation Act (CERFA) Report (Naval

Facilities Engineering Command [NAVFAC], 2007); and, the Resource Conservation and Recovery Act

(RCRA) Partial Closure Reports (Tetra Tech, 2010, 2011, 2013a-b) associated with these parcels.

Various specific studies conducted under the Installation Restoration (IR) Program and specifically to

support the FOST are cited. Sources included NASB Environmental Department records and databases

(for storage tanks, transformers, spills); NASB Public Works (PW) Records and Drawings ranging from

1943 to 2006; Maine Department of Environmental Protection (MEDEP) Spills and Tanks Databases

(accessed 2013); NASB PW documents associated with lead-based paint and asbestos; and, historical

aerial photographs (James W. Sewell, 1953-1997; United States Environmental Protection Agency

[USEPA] 1987 EPIC analysis). Personnel interviews with current and former environmental department

personnel and on-site visual inspections were also conducted. References specific to these documents

are cited in Exhibit A.

Detailed environmental recordkeeping, policies, and procedures evolved in the early 1980s as a result of

passage of RCRA (1976) and the Comprehensive Environmental Response, Compensation, and Liability

Act (CERCLA) (1980). The 1983 IAS provided the first detailed documentation of Navy management

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practices for the use and storage of hazardous substances and storage and disposal of hazardous

wastes at the former NASB. Environmental records for the periods prior to this time were less centralized

and may not have been retained. Thus, the majority of the information used to evaluate the

environmental management practices and the environmental condition of the property at the former

NASB is based on information obtained over the past 30 years.

The following sections discuss the findings, the actions and notification requirements associated with the

past storage, release, or disposal of hazardous substances and/or petroleum products or other regulated

materials, and the transfer restrictions warranted to ensure protection of human health and the

environment and the environmental restoration process. Potential environmental impacts from adjacent

property conditions related to hazardous substances, petroleum products, or other regulated materials

are discussed, and additional information is provided in Tables B-2 and B-4 through B-8. Table B-3

provides a brief checklist of the environmental conditions that apply to the existing buildings and land

areas within the Transfer Parcels.

3.1 Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

3.1.1 CERCLA Hazardous Substance Notice

In accordance with Title 42, U.S.C. §9620(h)(3)(A)(i), all deeds transferring federal property must provide

notice as to those hazardous substances which it is known, based on a complete search of agency files,

were stored for one year or more, released or disposed of on the property in excess of those threshold

quantities specified under 40 CFR 373, and all response actions taken to date to address any such

releases or disposals.

No hazardous substances are known to have been stored or released or disposed of in excess of their

respective threshold quantities on the Transfer Parcels. Thus, the transfer deeds will not require a

hazardous substance notice.

3.1.2 CERCLA Responses on the Transfer Parcels

Parcel EDU-BC-3 and Building 64 (West Bunker) are within the Former Munitions Bunker West (FMBW)

MRP Site (Figures B-3 and B-4) investigated between 2008 and 2011. Two other former weapons

storage bunkers were located in the 29-acre FMBW area which was used sporadically by the U.S. Marine

Corps between 1980 and 2000 for security training involving blank small arms ammunition, practice

grenades, and limited pyrotechnics (simulators and smoke devices). Investigation activities included a

surface sweep and geophysical survey, location and excavation of 188 anomalies, and surface soil

sampling for metals in front of each bunker. Only one of the anomalies, an expended blank small arms

cartridge case, was determined to be munitions related, and no impacts to Parcel EDU-BC-3 were

identified (Tetra Tech, 2012, 2013c). Table B-2 provides additional information about the FMBW Site.

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There are no other IR or MRP sites or Areas of Potential Interest (AOPIs) on the Transfer Parcels.

3.1.3 CERCLA Responses Not on the Transfer Parcels but Within 200 Feet

The Quarry Site, an active MRP site, is approximately 100 feet southwest of the EDU-BC-6 parcel

(Figures B-3 and B-6). Munitions and explosives of concern (MEC) items and debris have been found on

the Quarry Site. Investigation of areas east and south of the quarry is ongoing. The Quarry Site is

separated from Parcel EDU-BC-6 by a fence installed to limit access and by a rocky embankment that

serves as a buffer zone. No impacts to Parcel EDU-BC-6 have been identified. Table B-2 provides

additional information about the Quarry Site.

There are no other IR or MRP sites or AOPIs within 200 feet of the Transfer Parcels.

3.1.4 CERCLA Covenant

No hazardous substances and no petroleum products or their derivatives are known to have been

released or disposed of in excess of their respective threshold quantities on Parcels EDU-BC-3 and EDU-

BC-6. Therefore, in accordance with the requirements and limitations contained in Title 42, U.S.C.,

Section 9620(h)(4)(D)(i), the deed transferring these parcels will contain a covenant (Exhibit F-1)

warranting that any response action or corrective action found to be necessary after the date of transfer

for contamination existing on the property prior to the date of transfer shall be conducted by the United

States (GRANTOR).

No hazardous substances are known to have been stored, released or disposed of in excess of their

respective threshold quantities on Parcel EDU-BC-5. However, petroleum products or their derivatives

have been released on this parcel; therefore, the Title 42, U.S.C., Section 9620(h)(4)(D)(i) covenant is not

applicable.

3.1.5 CERCLA Access Clause

No hazardous substances and no petroleum products or their derivatives are known to have been

released or disposed of in excess of their respective threshold quantities on Parcels EDU-BC-3 and EDU-

BC-6. Therefore, in accordance with Title 42, U.S.C., Section 9620(h)(4)(D)(ii), the deed transferring

these parcels will contain a clause (Exhibit F-1) granting the United States access to the property in any

case in which a response action or corrective action is found to be necessary after the date of transfer of

the property, or when such access is necessary to carry out a response action or corrective action on

adjoining or nearby property.

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No hazardous substances are known to have been stored, released or disposed of in excess of their

respective threshold quantities on Parcel EDU-BC-5. Petroleum products or their derivatives have been

released on this parcel. Therefore, the Title 42, U.S.C., Section 9620(h)(4)(D)(ii) access clause is not

applicable. However, the transfer deed for this parcel will include a Reservation of Access Clause

(Exhibit F-2) in accordance with the terms of the NASB Federal Facility Agreement (FFA) (DoN, USEPA,

State of Maine, 1990).

The transfer deeds will also contain a clause granting to the State of Maine its officers, agents,

employees, contractors, and subcontractors the right to enter upon the Transfer Parcels in the case that a

response action or corrective action is found to be necessary after the date of transfer, as described in

Exhibits F-1 and F-2.

3.2 Resource Conservation and Recovery Act

The former NASB was a large quantity generator as defined by the 1984 Hazardous and Solid Waste

Amendments to the RCRA of 1976 and was assigned USEPA ID Number ME8170022018. RCRA

authority was delegated by the USEPA to the State of Maine. The RCRA Facility was defined as the

former NASB Main Base. The former NASB RCRA Facility needed to be closed to meet the hazardous

waste closure requirements of Maine Hazardous Waste Rules, Chapter 851, Standards for Generators,

Section 11, Closure, and other relevant rules pursuant to 38 M.R.S.A., Section 1301, et seq. Therefore,

the Navy prepared RCRA Partial Closure Reports to close the individual buildings, structures, and land

areas that comprise the Main Base.

The closure activities performed on the Transfer Parcels are described in detail in the associated RCRA

Partial Closure Reports (Tetra Tech, 2010, 2011a, 2013a-b). The report documents the records

research; site visit observations; results of NASB Environmental Department personnel interviews;

sampling results if applicable; and response actions, if any, with respect to hazardous waste generation,

accumulation, or storage activity. The RCRA closure reports served as a major source of information for

this FOST, and relevant findings are incorporated into the appropriate sections.

Based on the site visit observations and records research findings, wipe samples for RCRA 8 metals

analysis were collected from work benches in Buildings 280 and 646, and from floors in Buildings 64, 280,

and 646 to investigate the potential presence of hazardous waste residues. Additional analytes included

semi-volatile organic compounds (SVOCs) in Buildings 64 and 646 floor samples, and polychlorinated

biphenyls (PCBs) in Building 646 floor samples.

The lead results for wipe samples were compared to the MEDEP criteria for lead-contaminated, settled

dust on floors and walls and other flat surfaces applicable for NASB RCRA closures. The other seven

RCRA metals were compared to available World Trade Center (WTC) Settled Dust Screening Values

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(WTC, 2003). Settled dust screening values are not available for SVOCs and PCBs. No PCBs were

detected, and low concentrations of SVOCs were detected in samples from stained areas of floors. None

of the screening levels for metals were exceeded in Building 280 samples. Screening levels for arsenic,

cadmium, chromium, and lead were exceeded in floor samples from Building 64; and, the screening value

for lead was exceeded in a floor sample from Building 646. The floors in Buildings 64 and 646 required

cleaning to meet the requirements for NASB RCRA closure with respect to hazardous waste residues.

Upon completion of all decontamination activities, the levels of RCRA 8 metals in the final post-cleaning

wipe samples were below the associated clearance values.

Three current, non-PCB-containing electrical transformers and three former PCB transformers were

associated with Building 227 on Parcel EDU-BC-5. Surface and subsurface soil samples were collected

at four locations around the transformer pad for PCBs analysis to determine if historical transformer leaks,

if any, had impacted soil. No PCBs were detected in any of the samples.

A sample of loose, peeling paint on AST A646.0 in Parcel EDU-BC-6 was collected for total RCRA metals

analysis. The results were compared to 20 times the Toxicity Characteristic Leaching Procedure (TCLP)

regulatory limits for hazardous waste to determine if the resulting paint chip waste material was potentially

a hazardous waste. None of the eight total metals concentrations for the paint chip sample was above

the corresponding 20 times TCLP limit. Therefore, associated paint chip waste material was not deemed

a hazardous waste by definition.

The ground surface areas underneath and immediately surrounding the antennas in Parcel EDU-BC-5

and the radar tower in Parcel EDU-BC-6 were inspected for evidence of paint chip waste. No evidence of

paint chip material was observed; therefore, soil samples were not collected for RCRA closure. However,

Phase I Environmental Due Diligence Audits (Credere, 2009) and Phase II Environmental Site

Assessments (ESA; Parsons, 2010) for the parcels were conducted on behalf of the FAA. During the

Phase II ESA, a surface soil sample was collected from 0 to 2 feet below ground surface (bgs) to evaluate

an area that appeared to have distressed vegetation at the foot of the radar tower on Parcel EDU-BC-6.

The sample was submitted for laboratory analysis of volatile organic compounds (VOCs), SVOCs, volatile

petroleum hydrocarbons (VPHs) and extractable petroleum hydrocarbons (EPHs), pesticides and

herbicides, and metals. No organic compounds were found in the soil sample at concentrations above

the laboratory instruments method detection limits. Various metals were detected, but none at

concentrations exceeding the Maine Remedial Action Guidelines (RAGs) for Contaminated Soil or, when

a Maine RAG was not available, the U.S. EPA Region 3 Screening Levels for Residential Soil.

The hazardous waste closure for the Transfer Parcels was completed in accordance with provisions of

the MEDEP Regulations Chapter 781, Standards for Generators of Hazardous Waste Section 11.

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3.3 Presence of Petroleum Products and Derivatives

Petroleum products have been used and stored in underground storage tanks (USTs) and aboveground

storage tanks (ASTs) on Parcels EDU-BC-5 and EDU-BC-6, as described in Section 3.4 below. Notice of

the presence of petroleum products and derivatives is provided in Exhibit C.

3.3.1 Petroleum Releases Originating on the Transfer Parcels

The MEDEP Spills Database includes records for two spills related to the AST associated with the

Building 227 generator in Parcel EDU-BC-5. In 1997, approximately 3 gallons of diesel fuel spilled to the

ground when the AST was overfilled. In 1998, there was a spill of approximately 450 gallons of diesel

fuel from the AST. Reportedly, a valve was left open over the weekend, draining the tank. Both spills

were cleaned up by Navy personnel, after which MEDEP did not require any further action. Table B-4

provides additional information regarding spills on the Transfer Parcels.

There are no known or suspected petroleum releases or disposals that originated on Parcels EDU-BC-3

or EDU-BC-6.

3.3.2 Petroleum Releases Originating on Adjoining Properties

There are no known or suspected petroleum releases that originated on properties adjoining the Transfer

Parcels.

3.4 Underground Storage Tanks, Aboveground Storage Tanks, and Oil-Water Separators

(OWSs)

Diesel fuel has been used and stored in former USTs and existing ASTs on Parcels EDU-BC-5 and EDU-

BC-6. Each of these parcels had a former UST that served the emergency generator on the parcel.

Each of the USTs was replaced by an AST. The ASTs are still present and were cleaned and closed in

2012. There were no known oil-water separators (OWSs) associated with any of the Transfer Parcels.

Additional information is provided in Tables B-5 (USTs) and B-6 (ASTs).

During the FAA’s Phase II ESA (Parsons, 2010), five soil samples were collected from a boring at the

location of the former UST on Parcel EDU-BC-5. The soil samples were analyzed for VOCs, SVOCs,

VPHs and EPHs. No VOCs, SVOCs, or VPHs were found in the soil samples at concentrations above

the detection limits. EPHs were detected in the first three intervals, but at concentrations below the

Maine Remediation Guidelines for Petroleum-Contaminated Sites. Soil samples were also collected and

analyzed in the same manner at the location of the former UST on Parcel EDU-BC-6. No contaminants

were detected in any of the samples.

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3.5 Munitions and Explosives of Concern (MEC)

There are two MRP sites on or near the Transfer Parcels. Parcel EDU-BC-3 is part of the FMBW Site as

discussed in Section 3.1.2 and Table B-2. Parcel EDU-BC-6 is within 100 feet of the Quarry Site, as

described in Section 3.1.3 and Table B-2.

During the FAA’s Phase II ESA (Parsons, 2010), a soil boring was advanced to evaluate the location of a

former munitions bunker (Building 66) that was present on Parcel EDU-BC-5 between approximately

1958 and 1978. Building 66 was located within what is now the current driveway loop (Figure B-5). Soil

samples collected for laboratory analysis to confirm the presence or absence of munitions contamination

were analyzed for metals, nitroaromatics and nitroamines. Various metals were detected in all samples,

but none at concentrations that exceeded the Maine RAGs for Contaminated Soil or, the USEPA Region

3 Screening Levels for Residential Soil when a Maine RAG was not available. Nitroaromatics and

nitroamines were not detected in the soil samples.

Based on information reviewed for this FOST, evidence of releases to the environment of MEC or

munitions constituents was not identified on the Transfer Parcels.

3.6 Asbestos-Containing Material (ACM)

The buildings included in this FOST were surveyed for asbestos containing material (ACM) in 1998 to

support preparation of the Asbestos Operation and Maintenance Plan. An asbestos inventory was

completed in 2005 (DoD BRAC PMO, 2006). The 2005 inventory findings for the buildings and structures

on the Transfer Parcels are presented in Table B-7, along with 2011 Lead and Asbestos Containing

Building Materials Summaries prepared by the NASB Asbestos Program Manager (Sanders, 2011) prior

to operational closure of NASB in May 2011. ACM was identified in Buildings 64, 227, and 280.

However, no friable, accessible, and damaged asbestos was reported for the buildings and structures on

the Transfer Parcels. Prior to any future renovations or demolitions, previously untested materials

considered suspect by USEPA, MEDEP, and Occupational Safety and Health Administration (OSHA)

regulations should be sampled and analyzed.

The possibility remains for the presence of undiscovered ACM associated with underground utilities or

miscellaneous building materials. While this potential ACM does not pose a hazard to site users, future

renovation or demolition and/or subsurface work performed could result in friable and damaged ACM

hazards. Therefore, the GRANTEE must comply with all applicable State and Federal laws relating to

ACM management in order to ensure future protection of human health and the environment during any

future renovation/demolition activities or underground utility work. An Asbestos Hazard Disclosure and

Acknowledgment Form is included as Exhibit D to this FOST and will be provided to the GRANTEE for

execution at the time of transfer.

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3.7 Lead-Based Paint (LBP)

Federal lead standards established by USEPA and the Department of Housing and Urban Development

(HUD) quantify lead-based paint (LBP) as 0.5 percent lead by dry weight. LBP was banned for residential

use in 1978. Lead-containing paint is any paint which contains lead as determined by a testing laboratory

using a valid test method. OSHA regulations do not indicate a specific level of lead that is permissible

during construction and/or demolition activities. Current manufacturing standards for paint allow up to

0.06 percent lead for residential use. Industrial paint applications can contain much higher

concentrations. Other building materials may contain lead, as in roof flashing, caulking and vent sealant.

The NASB Asbestos Program Manager/Lead Coordinator prepared a Lead and Asbestos Containing

Building Materials Summary for most buildings on the former NASB, including Buildings 227, 280 and

646, as well as a generic summary for the weapons magazines around the base (Sanders, 2011). The

summaries for buildings on the Transfer Parcels are provided as follows:

Building 64 - Paint chip sampling and analysis performed on various Weapons Magazines in May of

1993 resulted in a wide range of concentrations from as low as 0.095% lead to as high as 19.2% lead.

Other building materials may contain lead, as in roof flashing, caulking, and vent sealant.

Building 227 - Similar buildings on the former NASB constructed during the same timeframe have been

surveyed and analysis performed on various paints contain up to 3.49% and as low as <0.010%. Other

building materials may contain lead, as in roof flashing, caulking, and vent sealant.

Building 280 - Gray paint from the antenna base has been analyzed with results indicating it contains

0.13% lead and 1.90% chromium. Other building materials may contain lead, as in roof flashing, caulking,

and vent sealant.

Building 646 - White paint from the interior was analyzed with results indicating it contains 0.012% lead.

Other building materials may contain lead, as in roof flashing, caulking, and vent sealant.

Sampling and/or visual evaluation for potential LBP waste (i.e., chips) associated with Building 646 AST

and the radar tower, as well as the antennas associated with Building 280 were performed as part of the

RCRA closure process and the FAA’s Phase II ESA, as described in Section 3.2. No LBP issues were

identified. A Lead-Based Paint Hazard Disclosure and Acknowledgment Form, Exhibit E to this FOST,

will be provided to the GRANTEE for execution at the time of transfer.

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W5213856F -11- Finding of Suitability to Transfer 2013-2

3.8 Polychlorinated Biphenyls (PCBs)

PCB-containing equipment including PCB transformers (containing greater than 500 parts per million

[ppm] PCBs) and PCB-contaminated transformers (containing greater than 50 ppm PCBs but less than

500 ppm) were removed from the former NASB by 1995. According to NASB Environmental Department

personnel, the removal/replacement process began in the mid to late 1980s. A summary of information

provided in the NASB transformer database is presented in Table B-8 for the Transfer Parcels.

Transformers that were removed from service or replaced prior to 1988 are not in the database. Based

on available documentation and discussions with NASB Environmental Department personnel, there have

not been any documented leaks or releases from transformers in past use on the Transfer Parcel.

The NASB Transformer Database lists three former PCB transformers for Building 227 on Parcel EDU-

BC-5. During the RCRA closure (Section 3.2) for this parcel, surface and subsurface soil samples were

collected at four locations around the transformer pad for PCB analysis to determine if historical

transformer leaks had occurred. No PCBs were detected. The FFA’s Phase II ESA also included a soil

boring advanced to evaluate the potential presence of PCB contamination. The boring was installed

approximately 5 feet southeast of the transformer pad. PCBs were not detected in the soil samples.

USEPA has advised that buildings constructed or renovated between 1950 and 1978 have the potential

to have PCBs contained within the caulking, and that PCBs can migrate from the caulk into air, dust and

surrounding material, such as wood, bricks and soil. Inasmuch as USEPA has yet to establish a link

between PCBs in caulking and public health risk, USEPA presently does not require that caulking in these

buildings be tested for the presence of PCBs. Notwithstanding, the GRANTEE is provided notice by

receipt of this FOST that buildings on the Transfer Parcels may have caulking containing PCBs based on

the year of their construction or possible renovations, and that all damaged caulking in the buildings and

materials in contact with, or soil beneath, the damaged caulking, if encountered, should be handled,

managed, and disposed of properly during maintenance and/or renovations by the GRANTEE.

Ballasts in fluorescent light fixtures manufactured prior to 1979 may contain sealed PCB-containing

components. A survey of station buildings/structures/facilities for PCB-containing light ballasts has not

been conducted; however, it is possible that surplus light fixtures could have been used up to 1982.

Therefore, it is assumed buildings/structures/facilities constructed up until 1982 may have light fixtures

with PCB components; however, many buildings that were constructed prior to 1982 have had interior

renovations and new light fixtures that do not contain PCBs may have been installed.

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W5213856F -12- Finding of Suitability to Transfer 2013-2

3.9 Pesticide Notification

The GRANTEE is hereby notified and acknowledges that registered pesticides have been applied to the

Transfer Parcels conveyed herein and may continue to be present thereon. The GRANTEE further

acknowledges that where a pesticide was applied by the GRANTOR or at the GRANTOR’s direction, the

pesticide was applied in accordance with its intended purpose and consistently with the Federal

Insecticide, Fungicide, and Rodenticide Act (FIFRA)(7 U.S.C. § 136, et seq.) and other applicable laws

and regulations. The GRANTEE covenants and agrees that if the GRANTEE takes any action with

regard to the Transfer Parcels, including demolition of structures or any disturbance or removal of soil that

may expose, or cause a release of, a threatened release of, or an exposure to, any such pesticide,

GRANTEE assumes all responsibility and liability therefor.

3.10 Environmental Notices, Restrictions, and Covenants

Based on the current environmental condition of the Transfer Parcels as described in this FOST, certain

environmental notices, restrictions, and covenants will be included in the transfer deeds to ensure the

protection of human health and the environment and to prevent the interruption of any environmental

restoration activities to be conducted by the Navy, if required. Exhibit F contains the environmental

notices, restrictions, and covenants for the Transfer Parcels.

3.11 Environmental Compliance Agreements/Permits/Orders

The former NASB (Main Base) is a National Priorities List (NPL) site under CERCLA of 1980, as

amended. Thus, the Transfer Parcels on the former Main Base are subject to the NASB Federal Facility

Agreement (FFA), October 1990, as amended, that was signed by the Navy, USEPA, and MEDEP (DoN,

USEPA, MEDEP, 1990). As indicated in Exhibit F of this FOST, the terms of the deeds for Transfer

Parcels on the Main Base do not affect the rights and obligations of parties under the FFA. There are no

other environmental compliance agreements, permits, or orders associated with the Transfer Parcels.

3.12 Availability of References

Select references contained in Exhibit A are available at the public information repository at the Curtis

Memorial Library, 23 Pleasant Street, Brunswick, Maine. With the closure of NASB, references are

available upon request from the Navy Caretaker Site Office located in Building 53 at the former NASB

and the Navy BRAC Program Management Office East, located in Philadelphia, PA.

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W5213856F -13- Finding of Suitability to Transfer 2013-2

3.13 Notification to Regulatory Agencies and Public

The MEDEP and the USEPA have been advised of the proposed transfer. The USEPA and MEDEP

have reviewed this FOST and its exhibits, and their comments on this FOST have been incorporated or

otherwise addressed as detailed in Exhibit G. The FOST was made available to the public at the Curtis

Memorial Library for a period starting April 11, 2013 and ending May 13, 2013. Notice of the availability

of this FOST was provided in the Times Record (of Brunswick, Maine) on April 11, 2013. Copies of all

transfer deed documentation will be made available to the USEPA and MEDEP representatives upon

request after execution of the same.

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1

REFERENCES Credere (Credere Associates, LLC), 2009. “Draft Phase I Environmental Due Diligence Audit, RAPCON, Transmitter, and ASR-8 Radar Sites, Brunswick Naval Air Station, Fitch Avenue, Brunswick, Maine.” May. DoN (Department of the Navy), United States Environmental Protection Agency Region 1, and the State of Maine. 1990. “Federal Facility Agreement under CERCLA 120(h) as amended.” October. DoN, Base Realignment and Closure (BRAC) Program Management Office (PMO). 2006. “Final (Revision 2) Environmental Condition of Property Report for the Naval Air Station Brunswick, Maine.” May. James W. Sewall Company. 1953. NAS Brunswick Aerial Photographs. James W. Sewall Company, Old Town, ME. June 29. James W. Sewall Company. 1958. NAS Brunswick Aerial Photographs. James W. Sewall Company, Old Town, ME. October 9. James W. Sewall Company. 1978. NAS Brunswick Aerial Photographs. James W. Sewall Company, Old Town, ME. November 22. James W. Sewall Company. 1981. NAS Brunswick Aerial Photographs. James W. Sewall Company, Old Town, ME. October 17. James W. Sewall Company. 1984. NAS Brunswick Aerial Photographs. James W. Sewall Company, Old Town, ME. April 23. James W. Sewall Company. 1989. NAS Brunswick Aerial Photographs. James W. Sewall Company, Old Town, ME. April 2. James W. Sewall Company. 1993. NAS Brunswick Aerial Photographs. James W. Sewall Company, Old Town, ME. November 8. James W. Sewall Company, 1997. NAS Brunswick Aerial Photographs. James W. Sewall Company, Old Town, ME. May 27. James W. Sewall Company. 1997. NAS Brunswick Aerial Photographs. James W. Sewall Company, Old Town, ME. November 8. Maine Department of Environmental Protection (MEDEP). 2013. MEDEP Spills Database, Augusta, ME. Accessed March 2013. Matrix Design Group. 2007. “BNAS Reuse Master Plan. Prepared for the Brunswick Local Redevelopment Authority.” December. NASB Environmental Department Records. 2005. “Environmental Incident Log Books 1 and 2 (July 1988 – July 2005)”. NAS Brunswick, Maine. NASB Environmental Department Records. 2009. Master PCB Transformer Inventory, NAS Brunswick, Maine. April. NASB Environmental Department Records. 2010. Master/Historical Aboveground and Underground Storage Tank Inventory. NAS Brunswick, Maine. November.

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2

NASB PWD. 1943. “US Naval Air Station, Brunswick Maine, Building Site Plan Showing Locations of Underground Water Distribution Lines and Hydrants. NAS Brunswick, Maine. September. NASB PWD. 1946. “Map of US Naval Air Station, Brunswick, Maine, Showing conditions on June 30, 1946, NAS Brunswick, Maine. June 30. NASB PWD. 1952. Map of US Naval Air Station, Brunswick, Maine, Showing conditions on June 30, 1952, NAS Brunswick, Maine. June 30. NASB PWD, 1956. General Station Map, Enclosure 2. NAS Brunswick, Maine. NASB PWD, 1957. Map of US Naval Air Station, NAS Brunswick, Maine. NASB PWD, 1962. Map of Streets, US Naval Air Station, Brunswick, Maine. NASB PWD, 1975. General Development, Existing and Planned, Operations Area, US Naval Air Station, Brunswick, Maine. NASB PWD, 1983. Existing Conditions Map. Public Works Department Drawing No. 2157, NAS Brunswick, Maine. NASB PWD, 1989. Existing Conditions Map. Public Works Department Drawing No. 2157, NAS Brunswick, Maine. Revised April 2. NASB PWD, 2006. Brunswick Naval Air Station Base Map, NAS Brunswick, Maine. Naval Energy and Environment Support Activity (NEESA), 1983. “Initial Assessment Study for Naval Air Station Brunswick, Maine”. June. Naval Facilities Engineering Command Mid-Atlantic (NAVFAC Mid-LANT), 2007. “CERFA Identification of Uncontaminated Property at the Naval Air Station Brunswick, Brunswick Maine.” June. Parsons (Parsons Engineering), 2010. Final Phase II Environmental Site Assessment, Brunswick Naval Air Station Property Transfer, Brunswick, Maine. January. Sanders, 2011. “Lead and Asbestos Containing Building Materials Summaries.” NAS Brunswick Public Works Department. March and May. Tetra Tech, 2009. “Site Inspection Report for Munitions and Explosives of Concern, Site 12 EOD Area and Former Munitions Bunker West Area, Quarry. Naval Air Station Brunswick, Brunswick, Maine. Contract Task Order: 0069. June. Tetra Tech, 2010. “Final RCRA Partial Closure Report for Building 64 – West Bunker. Naval Air Station Brunswick, Maine.” November. Tetra Tech, 2011. “Revised Final RCRA Partial Closure Report for West Base Area. Naval Air Station Brunswick, Maine.” November. Tetra Tech, 2012. Report For Munitions And Explosives Of Concern, Time Critical Removal Action At Former Munitions Bunker West Area, Naval Air Station Brunswick, Brunswick, Maine. January. Tetra Tech, 2013a. “RCRA Partial Closure Report For Building 227 – Generator Building And Building 280 – UHF/VHF Transmitter Building Parcel Former Naval Air Station Brunswick, Maine.” March. Tetra Tech, 2013b. “RCRA Partial Closure Report For Building 646 –– RADAR Air Traffic Control Facility (RATCF) Antenna Building Parcel, Former Naval Air Station Brunswick, Maine.” March.

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3

Tetra Tech, 2013c. “Technical Memorandum, Buildings 62, 63 And 64, Surface Soil Assessment. Former Munitions Bunkers West Area, Former Naval Air Station Brunswick, Maine.” April. U.S. Environmental Protection Agency, Environmental Photographic Interpretation Center,1987. “Site Analysis Brunswick Naval Air Station, Vol. I & 2.

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EXHIBIT B

Figures and Tables

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¬«24

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LOCATION MAP

FOST 2013-2 TRANSFER PARCELSFINDING OF SUITABILITY TO TRANSFER

Legend

Base Boundary

Parcel Recipients

Bowdoin College

Parcel IDEDU-BC-3

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EDU-BC-5

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AERIAL VIEW

FOST 2013-2 TRANSFER PARCELSFINDING OF SUITABILITY TO TRANSFER

0 1,000 2,000500

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Background Imagery: Maine GeographicInformation System; 1 Foot OrthographicPhotograph, April 2001Note: Parcel boundary digitized using thehigh resolution orthophotograph (2007)downloaded from the Maine Office of GISwebsite. Distances, azimuths, and acreageare based upon digitized boundary.Actual boundary will need to befield surveyed.

Legend

Base Boundary

Parcel Recipients

Bowdoin College

Parcel IDEDU-BC-3

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Former MunitionsBunker West

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FORMER NAVAL AIR STATION BRUNSWICKBRUNSWICK, MAINE

FEATURES MAPMAIN BASE

FOST 2013-2 TRANSFER PARCELSFINDING OF SUITABILITY TO TRANSFER

Note:IR - Installation RestorationPOL - Petroleum, Oil, LubricantMRP - Munitions Response ProgramAOPI - Area of Potential Interest

Legend

Abandoned In-PlaceAviation Fuel Pipeline

Base Boundary

Federal to Federal Transfer

IR, POL, and MRP Sites and AOPIs

Building

Parcel Recipients

Bowdoin College

EDU-BC-3 Parcel ID

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"/

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FORMER NAVAL AIR STATION BRUNSWICKBRUNSWICK, MAINE

PARCEL FEATURES MAP (CENTRAL)PARCEL EDU-BC-3

FOST 2013-2 TRANSFER PARCELSFINDING OF SUITABILITY TO TRANSFER

Note: Utility Line locations areapproximate and must be fieldverified prior to any subsurface work.

Legend

"/ Pad-Mounted Transformer

!. Pole-Mounted Transformer

!( !( Fenceline

Electrical Lines

Fiber Optic Lines

Sewer Lines

Steam Lines

Storm Lines

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IR, POL, and MRP Sites and AOPIs

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EDU-BC-3 Parcel ID

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Legend

Electrical Lines

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Sewer Lines

Steam Lines

Storm Lines

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!( !( Fenceline

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Parcel Recipients

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Parcel IDEDU-BC-6

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TABLE B-1

CURRENT AND FORMER BUILDINGS AND LAND AREAS

FOST 2013-2 TRANSFER PARCELS

FORMER NAVAL AIR STATION BRUNSWICK, MAINE

PAGE 1 OF 2

Parcel ID

Building and

Surrounding

Land

Year

Constructed

Year

Demolished

or Removed

Approximate

Building Area

(SF)

Description

EDU-BC-3 64 1943 NA 1,010

Storage Facility (Former Incendiary Materials Magazine). Also known as the West

Bunker; earth-covered, metal-arch-roof on a concrete slab foundation with a steel-plate

wing wall and security/blast door in front; interior has four areas created by wooden

partitions and shelving; located within the Former Munitions Bunker West (FMBW) Site;

converted from a magazine to a storage facility between 1976 and 1983; most recently

used by units on deployment for storage of gear such as flight clothing and for storage

of spare parts.

EDU-BC-3 Open Land NA NA NAOpen, grass- and tree-covered land west of runways that includes B64. Part of FMBW

Site.

EDU-BC-5 227 1956 NA 160

Generator Building. B227 is a concrete-block building with a cement-finish exterior

located on the western side of former NASB south of the Transmitter Building (B280).

Constructed in 1956, B227 contained a diesel-fired generator that supplied backup

electrical power to B280. Based on historical aerial photographs, the area was

undeveloped and either wooded or open field prior to construction. Fuel for the

generator set is supplied by an aboveground storage tank (AST).

EDU-BC-5 280 1956 NA 974

Ultra High Frequency/Very High Frequency (UHF/VHF) Transmitter Building. B280 is

located in the western portion of former NASB and was constructed in 1956. It is a one-

story, reinforced-concrete building with cement finish exterior. The interior of the

Transmitter Building contains computer and electrical equipment for operating the

transmitter, and a restroom served by a septic tank system.

EDU-BC-5 Antenna Field 1956 NA NA

Antenna Field. The six transmitter towers are spaced 70 to 90 feet apart in a

rectangular array. Each 56-foot-high tower is constructed of uncoated, angled steel

trusses. Underground conduits connect the towers to B280. The communication duct

bank between the B231 parcel to the north and the B646 parcel to the south passes

through the parcel. The parcel has a level, grass-covered clearing surrounded primarily

by wooded areas. Most of the parcel is enclosed by a security fence. A driveway with

loop provides access to the buildings.

Existing Buildings and Structures

W5213856F Finding of Suitability to Transfer 2013-2

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TABLE B-1

CURRENT AND FORMER BUILDINGS AND LAND AREAS

FOST 2013-2 TRANSFER PARCELS

FORMER NAVAL AIR STATION BRUNSWICK, MAINE

PAGE 2 OF 2

Parcel ID

Building and

Surrounding

Land

Year

Constructed

Year

Demolished

or Removed

Approximate

Building Area

(SF)

Description

EDU-BC-6 646 1979 NA 480

Radar Air Traffic Control Facility Antenna Building (B646). B646, the radar tower and a

small generator shed are within a fenced, grass-covered yard area. A paved parking lot

is directly west of B646. The shed south of Building 646 houses a backup diesel-fired

generator with a small day tank (less than 50 gallons capacity). A 550-gallon diesel fuel

AST is east of the shed. B646 and the radar tower were constructed in 1979. B646 is a

one-story, 480-square-foot, pre-fabricated reinforced-concrete building with cement

finish exterior. B646 contained computer and electronic equipment for operating the

radar. No restroom facility is present. The radar tower is 50 feet high. The radar tower

appears to be constructed of galvanized steel without protective coating. There were no

signs that a protective coating previously covered the tower structure.

EDU-BC-5 65 Circa 1943 By 1978, 1,010 Fuse and detonator magazine

EDU-BC-5 66 Circa 1943 By 1978 1,010 Fuse and detonator magazine

EDU-BC-5 226 Circa 1956 By 1981 400 Electronic Storage (by 1965) Communication Transmitter in 1956.

Acronyms:

NASB - Naval Air Station Brunswick

FMBW - Former Munitions Bunker West SF - square feet

FOST - finding of suitability to transfer UHF/VHF - ultra high frequency/very high frequency

NA - not applicable

Former Buildings and Structures

AST - aboveground storage tank

W5213856F Finding of Suitability to Transfer 2013-2

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TABLE B-2

SUMMARY OF ENVIRONMENTAL SITES ON OR NEAR FOST 2013-2 TRANSFER PARCELS

FORMER NAVAL AIR STATION BRUNSWICK, MAINE PAGE 1 OF 2

W5213856F Finding of Suitability to Transfer 2013-2

Site Number

and Name

Location Site Concern Investigation and Remedial Action

Summary and Status Site-Specific Restrictions

Site Impact on Subject Property

Former Munitions Bunker West (FMBW) Site (MRP)

The southwest portion of the FMBW encompasses EDU-BC-3.

The FMBW area was used by Marines for weapons training between 1980 and 2000. The Site was investigated under the MRP.

Site Inspection (SI) surface sweep and geophysical survey was conducted in 2008. No MEC encountered. Time Critical Removal Action (TCRA) conducted to investigate subsurface anomalies (Tetra Tech, 2012). TCRA confirmed absence of MEC except one .30 caliber expended blank small arms cartridge case. The non-munitions items included nails, scrap metal, wire, fencing, a brass plate, metal chain with hooks, steel bars/posts, hydraulic cylinders, and wire rope. Surface soil was sampled in May 2011 near the bunkers. Data reported in a Technical Memorandum (Tetra Tech, 2011b) indicated that only arsenic and cadmium were present at concentrations exceeding screening criteria at B64, but average concentrations were consistent with background. Site-related impacts were not identified. No further action was recommended. MEDEP agreed with the NFA recommendation as cadmium levels were below Appendix 1 Residential RAGs.

No specific land use controls are required for the FMBW.

No impacts to Parcel EDU-BC-3 from the FMBW have been identified.

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TABLE B-2

SUMMARY OF ENVIRONMENTAL SITES ON OR NEAR FOST 2013-2 TRANSFER PARCELS

FORMER NAVAL AIR STATION BRUNSWICK, MAINE PAGE 2 OF 2

W5213856F Finding of Suitability to Transfer 2013-2

Site Number

and Name

Location Site Concern Investigation and Remedial Action

Summary and Status Site-Specific Restrictions

Site Impact on Subject Property

Quarry Site (MRP)

South of and adjacent to Parcel EDU-BC-6.

Munitions and explosives of concern (MEC) debris were reportedly disposed in quarry along with solid waste. Petroleum contaminated soil was also reportedly land-farmed in the area.

Exploratory MEC investigation completed in 2010. MEC items were identified, and a TCRA initiated in 2011 expanded the investigation and removed surface MEC. Items identified included an M84 powder train time fuze, 3.5-inch rocket warheads (practice), M28 rifle grenades, and an unknown fuse component. A fence was installed to encompass the known MEC areas of the site. In 2012, the investigation continued within the fence line and in several areas to the east and south of the fence based on the munitions findings during the 2011 TCRA. MEC/MPPEH and MDAS were found near the investigation boundary on the ground surface south of Old Route 24; additional investigation will be conducted in 2013. Based on the report summarizing the 2010-2012 investigations [pending], the area immediately around Parcel EDU-BC-6 has been cleared.

The Quarry Site has restricted (fenced) but unguarded access. The Navy is still in the process of investigating the Quarry Site. Long-term land use controls for the site will be established through the CERCLA process.

No impacts to Parcel EDU-BC-6 have been identified. The Quarry Site is separated from Parcel EDU-BC-6 by a fence and a steep, somewhat rocky embankment that serves as buffer zone between the site boundary and the Parcel. The access road to B646 has been cleared. The deed will contain clauses (see FOST Exhibit F) that prohibit groundwater use without Navy or regulatory approval to ensure no impact to the Quarry Site; require the Grantee to notify the Navy if previously unknown contamination is encountered; and, require the Grantee to comply with provisions of existing or future LUCs established for sites as part of CERCLA Records of Decision and Remedial Design documents.

Notes: This is a summary of the current or former Installation Restoration Program Sites, Munitions Response Program Sites, Petroleum, Oil, and Lubricant Sites, and Areas of Potential Interest (AOPIs) located within, adjacent to, or within 200 feet of the Transfer Parcels. Table B-2 indicates if restrictions are also warranted on the Transfer Parcel to prevent impact to ongoing investigations or to protect the integrity of existing remedies at adjacent sites. This information is current as of March 2013. Acronyms:

FOST – Finding of Suitability to Transfer LUC – Land Use Controls MEC – Munitions and Explosives of Concern MPPEH – Material Potentially Presenting an Explosive Hazard MDAS – Material Documented as Safe

MRP – Munitions Response Program TCRA – Time Critical Removal Action

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TABLE B-3

ENVIRONMENTAL ISSUES BY BUILDING AND LAND AREA

FOST 2013-2 TRANSFER PARCEL

FORMER NAVAL AIR STATION BRUNSWICK, MAINE

ParcelBuilding and

Surrounding Land

Year

Constructed

Hazardous

Substances

Stored,

Released or

Disposed of? (1)

Petroleum

Products or

Derivatives

Released?

(see UST/AST

for Storage)

USTs(2)

ASTs(3)

OWSs(4)

Munitions(5)

LBP(6)

ACM (7)

Dielectric Fluid

Equipment (8)

EDU-BC-3 64 1943 N N N N N Y Y Y N

EDU-BC-3 Open Land NA N N N N N Y N N N

EDU-BC-5 227 1956 N Y Y Y N N Y Y Y

EDU-BC-5 280 1956 N N N N N N N Y N

EDU-BC-5 Antenna Field 1956 N N N N N N N N N

EDU-BC-6 646 1979 N N Y Y N N N N Y

Notes:

Y/N - Yes/No

(1) See Section 3.1 regarding storage and release thresholds.

(2) All USTs have been removed; see Table B-5 for details.

(3) Includes former (removed) and current (closed or active) ASTs. Both current ASTs have been cleaned and closed. See Table B-6 for details.

ACM - asbestos containing material HUD - Housing and Urban Development OWS - oil water separator

AST - aboveground storage tank LBP - lead-based paint PCB - polychlorinated biphenyl

EPA - Environmental Protection Agency MEDEP - Maine Department of Environmental Protection UST - underground storage tank

FOST - finding of suitability to transfer OSHA - Occupational Safety and Health Administration

(4) Oil/Water Separators. None identified on the Transfer Parcels.

Acronyms:

(5) Munitions Response Program site or weapons assembly, handling, or storage.

(6) LBP was banned for consumer use in 1978; Y signifies LBP present based on testing or construction date (pre-1978) of building; N signifies LBP not present based on testing

or construction date (post-1978) of building. Established Federal lead standards by EPA/HUD quantify LBP as 0.5% lead dry weight. Lead Containing Paint is any paint which

contains lead as determined by a testing laboratory using a valid test method. OSHA regulations do not indicate a specific level of lead that is permissible during maintenance,

renovation, construction and demolition activities. Current manufacturing standards for paint allow up to 0.06% lead for residential use. Industrial paint applications can contain

much higher concentrations. All painted surfaces should be considered to contain some level of lead. See Exhibit E.

(7) ACM have been identified in building materials; however analyses may not have been performed on all materials such as sheetrock, joint compound, roofing shingles and

sealant or window caulking. Many materials continue to be manufactured containing asbestos. Materials considered suspect by EPA, MEDEP, and OSHA regulations should be

sampled and analyzed prior to maintenance, renovation and demolition activities, and should be presumed to contain ACM. See Table B-7 and Exhibit D.

(8) Transformers, regulators and switches (PCB and Non-PCB) as indicated in NASB Master PCB Transformer Inventory Database, except as noted. See Table B-8.

W5213856F Finding of Suitability to Transfer 2013-2

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TABLE B-4

SUMMARY OF DOCUMENTED SPILLS FOST 2013-2 TRANSFER PARCELS FORMER NAVAL AIR STATION BRUNSWICK, MAINE

W5213856F Finding of Suitability to Transfer 2013-2

Parcel ID Location Date Material Quantity (gallons)

MEDEP Notified

MEDEP Spill ID

Notes Source (1)

EDU-BC-5 B227 05/28/1997 Diesel 3 Y P-290-1997

The spill report filed by the MEDEP in 1997 concerned an overfilling of the 550-gallon diesel AST at Building 227. It was estimated that approximately 3 gallons of diesel fuel spilled to the ground. The diesel product was cleaned up with absorbent pads and “speedy dry” by Navy personnel. The MEDEP did not require any further action for cleanup.

MEDEP Spills Database

EDU-BC-5 B227 10/14/1998 Diesel 450 Y P-476-1998

The spill report filed by the MEDEP in 1998 concerned a spill of approximately 450 gallons of diesel fuel from the AST at Building 227. Reportedly, a valve was left open over the weekend, draining the tank. The released diesel fuel was cleaned up with sorbents, and contaminated soil was excavated by Navy personnel. Approximately 400 gallons of mixed media removed. The MEDEP did not require any further action for cleanup

MEDEP Spills Database NASB Environmental Incident Logbook

Notes:

(1) NASB Environmental Incident Log, Book 1, July 1988 to November 1999; NASB Environmental Incident Log, Book 2; February 2000 to July 2005. NASB Fire Department Spill Run Files 2002-2008. MEDEP Spills Database accessed March 13, 2013, contains reports for spills reported in Brunswick from March 1979 through 2012.

Acronyms:

AST – aboveground storage tank ID – Identification MEDEP – Maine Department of Environmental Protection NASB – Naval Air Station Brunswick

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TABLE B-5

UNDERGROUND STORAGE TANKS

FOST 2013-2 TRANSFER PARCELS

FORMER NAVAL AIR STATION BRUNSWICK, MAINE

PARCEL ID BUILDING LOCATION

TANK

REGISTRATION

NUMBER

SIZE

(GAL)PRODUCT

YEAR

INSTALLED

YEAR

REMOVEDSTATUS REMARKS

EDU-BC-5 B227Generator

Building10045-435 550 Diesel 1966 1990 Removed Replaced with AST

EDU-BC-6 B646 RATCF 10045-438 1,000 Diesel 1979 1992 Removed Replaced with AST

GAL - gallons

UST - underground storage tank

Notes:

UST data from NASB Environmental Department Master UST/AST database updated by NASB Environmental Personnel 11/18/2010. Includes USTs installed from 1943 until 1999, and removed

between 1988 and November 2010.

Acronyms:

FOST - finding of suitability to transfer

AST - aboveground storage tank

NASB - Naval Air Station Brunswick

RATCF - Radar Air Traffic Control Facility

W5213856F Finding of Suitability to Transfer 2013-2

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TABLE B-6

ABOVEGROUND STORAGE TANKS

FOST 2013-2 TRANSFER PARCELS

FORMER NAVAL AIR STATION BRUNSWICK, MAINE

PARCEL IDTANK

NUMBER(1)

LOCATION

(BUILDING)

SIZE

(GAL)PRODUCT PURPOSE

YEAR

INSTALLED

YEAR

REMOVED

OR

CLOSED

STATUS REMARKS

EDU-BC-5 A227.0 B227 550 Diesel Generator 1990 2012Cleaned

and ClosedGood

EDU-BC-6 A646.0 B646 550 Diesel Generator 1992 2012Cleaned

and ClosedGood

Notes:

Acronyms:

AST - aboveground storage tank

FOST - finding of suitability to transfer

GAL - gallons

NASB - Naval Air Station Brunswick

UST - underground storage tank

(1) AST data from NASB Master UST/AST database, which includes ASTs installed from 1967 through 2006 (or unknown), and removed

between 1993 and 2011. Status and closure information for Tanks A227.0 and A646.0 are updated from the 2013 RCRA Partial Closure Report

for the associated buildings.

W5213856F Finding of Suitability to Transfer 2013-2

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TABLE B-7

SUMMARY OF ASBESTOS CONTAINING MATERIAL

FOST 2013-2 TRANSFER PARCEL

FORMER NAVAL AIR STATION BRUNSWICK, MAINE

Transfer

Parcel

Building

Number

Building

Identification

Construction

Date

2005 Inventory

Findings - ACM

or PACM (1)

EDU-BC-3 64

Storage

Facility/Former

Weapons

Magazine

1943 Caulk/Sealant

EDU-BC-5 227 Generator Building 1956 Transite board(4)

EDU-BC-5 280

UHF/VHF

Transmitter

Building

1956Transite, pipe

joints

EDU-BC-6 646RATCF Antenna

Building1979

PACM - roofing,

tile, mastic

Notes:

(1)

(2)

(3)

(4) 1999 O&M Report indicates that all walls and ceilings in B280 contained transite (approximately 2080 sq ft).

Acronyms:

ACM - asbestos containing material(s)

FOST - finding of suitability to transfer

MEDEP - Maine Department of Environmental Protection

NASB - Naval Air Station Brunswick

O&M - operations and maintenance

From Environmental Condition of Property Report Table 4-13 for the Naval Air Station, Brunswick, Maine, May 2006 as compiled by Carla Sanders,

NASB Asbestos Program Manager, 2005.

Existing Conditions-Lead and Asbestos Containing Building Materials Summaries based on historical files available at the Caretaker Site Office and

prepared for individual buildings by Carla Sanders, NASB Asbestos Program Manager in 2011.

PACM - presumed asbestos containing material

2011 ACM Building Materials Summary (2)(3)

ACM have been identified in some of the magazines. Laboratory analysis indicates

that the caulking used to seal wall panels and the tar sealant (expansion joint

material) located at the slabs and at the exterior exhaust of some of the magazines

contain asbestos. Materials considered suspect by EPA, MEDEP and OSHA

regulations should be sampled in accordance with EPA recommendations.

Asbestos-containing transite board was identified behind the heater by PLM. Tar

paper and roof tar were negative for asbestos by PLM but remain suspect until

confirmed by TEM analyses per EPA recommendations.

PLM analyses indicate that asbestos is present in pipe joint insulation and transite

walls and ceilings. Vinyl sheeting, tile and mastic were negative for asbestos by PLM

but remain suspect until confirmed by TEM analyses per EPA recommendations.

Vinyl sheeting, tile, mastic, fiberglass resin, tar paper and asphalt shingles were

negative for ACM using PLM, but remain suspect until TEM analyses are performed

per EPA recommendations.

PLM - polarized light microscopy

VFT - vinyl floor tile

USEPA - United States Environmental Protection Agency

USEPA recommends that bulk materials found negative for asbestos or less than one percent asbestos by PLM that fall into any of the five dominantly

nonfriable categories be analyzed by an additional method such as TEM.

TEM - transmission electron microscopy

W5213856F Finding of Suitability to Transfer 2013-2

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TABLE B-8

SUMMARY OF CURRENT AND REMOVED EQUIPMENT CONTAINING DIELECTRIC FLUID

FOST 2013-2 TRANSFER PARCELS

FORMER NAVAL AIR STATION BRUNSWICK, MAINE

Parcel ID Building Description/Location(1) Status Serial Number Type Class

(2) PCB Concentration (PPM)

Date

Removed Or

DisposedEDU-BC-5 227 Generator Building R 539649 Transformer PCB 530 6/17/1991

EDU-BC-5 227 Generator Building R 539650 Transformer PCB 540 6/17/1991

EDU-BC-5 227 Generator Building R NASB 244 S/N Transformer PCB 540 6/17/1991

EDU-BC-5 227 Generator Building I 91A184114 Transformer Non-PCB <1 NA

EDU-BC-5 227 Generator Building I 91A172318 Transformer Non-PCB <1 NA

EDU-BC-5 227 Generator Building I 91A184115 Transformer Non-PCB <1 NA

EDU-BC-6 646Antenna Building. Pad mounted next to generator

within fenced areaI 836001563 Transformer Non-PCB <2 NA

EDU-BC-6 646Antenna Building. Pad mounted next to parking

lot outside fenced areaI 936001025 Transformer Non-PCB <1 NA

Notes:

Acronyms:

FOST - finding of suitability to transfer

NASB - Naval Air Station Brunswick

PPM - parts per million

R - removed

I - installed/in service

PCB - polychlorinated biphenyl

(1) Information provided from NASB Environmental Department PCB Master Inventory (Removed Transformer Database) dated 2/02/2011, which primarily tracked

transformers and other equipment (ballasts; switches) removed between 1988 and 1995. Most PCB equipment, PCB transformers and PCB-contaminated transformers were

removed from NASB by October, 23 1995. The database indicates that other equipment, primarily ballasts from unidentified locations were removed between 1996 and 1999.

Transformers and other equipment removed and replaced prior to 1989 were not tracked in the database. Typically, the first two digits in serial numbers indicate the year of

manufacture.

(2) The NASB Environmental Department PCB Master Inventory (the database) designates the Class "PCB" to mean both "PCB transformers" (PCB concentrations greater

than 500 parts per million [ppm]) and “PCB-contaminated transformers” (PCB concentrations greater than 50 ppm, but less than 500 ppm). The database uses the class "Non-

PCB" to indicate equipment with PCB concentrations less than 50 ppm.

(3) Shaded rows indicate known PCB or PCB-contaminated transformers that were removed.

NA - not applicable

W5213856F Finding of Suitability to Transfer 2013-2

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EXHIBIT C

Notice of Petroleum Products and Derivatives

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Notice of Petroleum Products and Derivatives Notice of the use and storage of petroleum products and derivatives is provided herein for the Transfer Parcels, as described in Sections 3.3 and 3.4 and summarized in Tables B-4 (Spills), B-5 (Underground Storage Tanks) and B-6 (Aboveground Storage Tanks) of this FOST.

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EXHIBIT D

Asbestos-Containing Materials Hazard Disclosure and Acknowledgment Form

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ASBESTOS-CONTAINING MATERIALS HAZARD DISCLOSURE AND ACKNOWLEDGMENT FORM

ASBESTOS WARNING STATEMENT YOU ARE ADVISED THAT CERTAIN BUILDINGS AND UNDERGROUND UTILITIES AT THE FORMER NAVAL AIR STATION BRUNSWICK POTENTIALLY CONTAIN ASBESTOS-CONTAINING MATERIALS. INDIVIDUALS (WORKERS) MAY SUFFER ADVERSE HEALTH EFFECTS AS A RESULT OF INHALATION EXPOSURE TO ASBESTOS. THESE ADVERSE HEALTH EFFECTS INCLUDE ASBESTOSIS (PULMONARY FIBROSIS) AND MESOTHELIOMAS (BENIGN OR MALIGNANT TUMORS).

ACKNOWLEDGMENT I acknowledge that: (1) I have read and understand the above-stated Asbestos Warning Statement. (2) I have received from the Government the following document(s): Finding of Suitability to Transfer,

FOST 2013-2, Parcels EDU-BC-3, EDU-BC-5, and EDU-BC-6 (Approximately 8.19 Acres), Former Naval Air Station Brunswick, Brunswick, Maine (Department of Navy [DoN] Base Realignment and Closure [BRAC] Program Management Office [PMO] East, 2013); Final (Revision 2) Environmental Condition of Property Report for the Naval Air Station, Brunswick, Maine (DoN BRAC PMO, 2006); and Lead and Asbestos Containing Building Materials Summaries (Sanders, 2011) representing the best information available to the Government as to the presence of and condition of asbestos-containing-materials hazards in the buildings and underground utilities and pipelines covered by this transfer deed.

(3) I understand that my failure to inspect or to become fully informed of the condition of all or any portion

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

(4) I understand that, upon execution of this deed transfer, I shall assume full responsibility for preventing

future asbestos exposure by properly managing and maintaining or, as required by applicable federal, State, or local laws or regulations, for abating any asbestos hazard in buildings and structures, underground utilities, or fuel pipelines that may pose a risk to human health.

_____________________________ ____________________ GRANTEE (or duly authorized agent) Date

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EXHIBIT E

Lead-Based Paint Hazard Disclosure and Acknowledgment Form

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LEAD-BASED PAINT HAZARD DISCLOSURE AND ACKNOWLEDGMENT FORM

LEAD WARNING STATEMENT

YOU ARE ADVISED THAT STRUCTURES CONSTRUCTED PRIOR TO 1978 MAY PRESENT EXPOSURE TO LEAD FROM LEAD-BASED PAINT THAT MAY PLACE YOUNG CHILDREN AT RISK OF DEVELOPING LEAD POISONING. LEAD POISONING IN YOUNG CHILDREN MAY PRODUCE PERMANENT NEUROLOGICAL DAMAGE. YOU ARE FURTHER ADVISED THAT LEAD POISONING ALSO POSES A PARTICULAR RISK TO PREGNANT WOMEN. WORKERS MAY ALSO SUFFER ADVERSE HEALTH EFFECTS FROM LEAD DUST AND FUME EXPOSURE.

ACKNOWLEDGMENT I acknowledge that: (1) I have read and understand the above stated Lead Warning Statement; (2) I have received from the Federal Government the following document(s): Finding of Suitability to

Transfer, FOST 2013-2, Parcels EDU-BC-3, EDU-BC-5, and EDU-BC-6 (Approximately 8.19 Acres), Former Naval Air Station Brunswick, Brunswick, Maine (Department of Navy [DoN] Base Realignment and Closure [BRAC] Program Management Office [PMO] East, 2013), Final (Revision 2) Environmental Condition of Property Report for the Naval Air Station, Brunswick, Maine (DoN BRAC PMO, 2006), and Lead and Asbestos Containing Building Materials Summaries (Sanders, 2011), representing the best information available to the Government as to the presence of Lead-Based Paint and Lead-Based Paint hazards for the buildings covered by this transfer;

(3) I understand that my failure to inspect, or to become fully informed as to the condition of all or any

portion of the property offered will not constitute grounds for any claim or demand for adjustment or withdrawal of any bid or offer made after its opening or tender; and

(4) I understand that upon execution of this deed transfer, I shall assume full responsibility for preventing

future lead exposure by properly managing and maintaining or, as required by applicable Federal, state, or local laws or regulations, for abating any lead-based paint hazard in buildings and structures that may pose a risk to human health.

_____________________________ ________________ GRANTEE (or duly authorized agent) Date

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EXHIBIT F

Environmental Notices, Restrictions, and Covenants

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F-1

Exhibit F-1 Environmental Notices, Restrictions, and Covenants

FOST 2013-2 Transfer Parcels EDU-BC-3 and EDU-BC-6 Former Naval Air Station Brunswick

Brunswick, Maine

1. Notice of Environmental Condition: Information concerning the environmental condition of

Parcels EDU-BC-3 and EDU-BC-6 (PROPERTY) is contained in the document known as the

Finding of Suitability to Transfer (FOST) 2013-2 dated _____ 2013, which is attached hereto and

made a part hereof as Exhibit “_”, the receipt of which is hereby acknowledged by the GRANTEE.

An Environmental Condition of Property (ECP) report and other environmental documents are

referenced in the FOST; the FOST, ECP and referenced environmental documents describe

environmental conditions on the PROPERTY. The FOST sets forth the basis for the

GOVERNMENT’s determination that the PROPERTY is suitable for transfer. Together, the

FOST, ECP, and referenced environmental documents contain all pertinent information currently

known by GOVERNMENT as to the environmental condition of the PROPERTY. GRANTEE

hereby acknowledges that it has been provided copies of the ECP and FOST. The specific

environmental conditions described in the FOST and ECP, which are applicable to the

PROPERTY, are contained in this Quitclaim Deed.

2. CERCLA Covenant: Pursuant to Section 120(h)(4)(D)(i) of the Comprehensive Environmental

Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9620(h)(4)(D)(i)), the United

States warrants that any response action or corrective action found to be necessary after the date

of this deed for contamination existing on the PROPERTY prior to the date of this deed shall be

conducted by the United States.

3. Reservation of Access required by Title, 42 U.S.C., Section 9620(h)(4)(D)(ii): The United

States retains and reserves a perpetual and assignable easement and right of access on, over,

and through the PROPERTY, to enter upon the PROPERTY in any case in which an

environmental response or corrective action is found to be necessary on the part of the United

States, without regard to whether such environmental response or corrective action is on the

PROPERTY or on adjoining or nearby lands. Such easement and right of access includes,

without limitation, the right to perform any environmental investigation, survey, monitoring,

sampling, testing, drilling, boring, coring, test pitting, installing monitoring or pumping wells or

other treatment facilities, response action, corrective action, or any other action necessary for the

United States to meet its responsibilities under applicable laws and as provided for in this

instrument. Such easement and right of access shall be binding on the GRANTEE and its

successors and assigns and shall run with the land.

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F-2

In exercising such easement and right of access, the United States shall provide the GRANTEE

or its successors or assigns, as the case may be, with reasonable notice of its intent to enter

upon the PROPERTY and exercise its rights under this clause, which notice may be severely

curtailed or even eliminated in emergency situations. The United States shall use reasonable

means to avoid and to minimize interference with the GRANTEE’s and the GRANTEE’s

successors’ and assigns’ quiet enjoyment of the PROPERTY. At the completion of work, the

work site shall be reasonably restored. Such easement and right of access includes the right to

obtain and use utility services, including water, gas, electricity, sewer, and communications

services available on the PROPERTY at a reasonable charge to the United States. Excluding the

reasonable charges for such utility services, no fee, charge, or compensation will be due the

GRANTEE, nor its successor and assigns, for the exercise of the easement and right of access

hereby retained and reserved by the United States.

In exercising such easement and right of access, neither the GRANTEE nor its successors and

assigns, as the case may be, shall have any claim at law or equity against the United States or

any officer, employee, agent, contractor of any tier, or servant of the United States based on

actions taken by the United States or its officers, employees, agents, contractors of any tier, or

servants pursuant to and in accordance with this clause; provided, however, that nothing in this

paragraph shall be considered as a waiver by the GRANTEE and its successors and assigns of

any remedy available to them under the Federal Tort Claims Act.

4. Federal Facility Agreement: The former Naval Air Station Brunswick (Main Base) has been

identified as a National Priorities List (NPL) Site under the Comprehensive Environmental

Response Compensation and Liability Act (CERCLA) of 1980, as amended. The transfer deed,

as it currently exists or may be amended, shall not affect the rights and obligations of parties

under the Federal Facility Agreement ([FFA] DoN, USEPA, State of Maine, 1990). The FFA

Section VIII requires that the Navy ensure that any transactions involving interest or right in real

property do not impede or impair activities or response actions taken pursuant to the FFA.

Therefore, the Navy has provided and the GRANTEE will acknowledge it has received a copy of

the FFA through execution of the deed. The Navy will ensure that provisions in the transfer deed

address the rights of Navy and regulatory agencies to access the PROPERTY to conduct

environmental studies and investigations and to carry out environmental responses as necessary;

contain provisions relating to compliance with applicable health and safety plans; and for

operation of any response actions.

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F-3

5. Access to PROPERTY by State of Maine: Pursuant to Maine law (Maine Revised Statutes Title

38 [38 M.R.S. Chapter 3, §548; 38 M.R.S. Chapter 13 §1318-B; and 38 M.R.S Chapter 13 §1361

et seq]), GRANTEE agrees on behalf of itself, its successors and assigns as a covenant running

with the land, that the State of Maine, or its officers, agents, employees, contractors and

subcontractors (the “State”), shall have the right to enter upon the Property to perform any

environmental investigation, survey, monitoring, sampling, testing, drilling, boring, coring, test

pitting, installing monitoring or pumping wells or other treatment or containment facilities if

corrective or remedial action is found by the State to be necessary or advisable after the date of

transfer and that GRANTEE shall allow the State to enter upon the Property for such purposes

following reasonable notice. The State agrees to use reasonable means to avoid or minimize

interference with GRANTEE’s or GRANTEE’s successors’ and assigns’ quiet enjoyment of the

Property so as not to unreasonably interfere with GRANTEE’s and the GRANTEE’s successors’

and assigns’ operations on the Property. GRANTEE and all successive owners of the Property or

any portion thereof, and their assigns, are hereby bound by such covenants for the benefit of the

State as the covenantee.

6. Groundwater Use Restriction: The GRANTEE, its successors, and assigns agree that no

groundwater extraction/production supply wells shall be installed or permitted, and that no access

to groundwater for dewatering or other purposes shall be permitted on the PROPERTY without

the prior written approval of the Navy and the applicable federal and state regulatory agencies, as

appropriate.

7. Discovery of Previously Unknown Contamination: The GRANTEE, its successors and

assigns, or their subcontractors, shall stop all work and notify the Navy immediately if previously

unknown contamination, such as, but without limitation, buried debris, stained soil, unusual odors,

is discovered during soil disturbing activity such as soil excavation, drilling, digging or other

ground-disturbing activities, including disturbance of building slabs, roads and other structures

and paved areas.

8. Presence of Asbestos: The GRANTEE, its successors, and assigns, covenant and agree that

they will comply with all federal, state and local laws relating to ACM in their use of any buildings

and structures included in this transfer (including demolition and disposal of underground utilities

and pipelines that may contain ACM wrapping). The GRANTOR assumes no new or further

liability as a result of this transfer than it would otherwise have for losses, judgments, claims,

demands or expenses, or damages of whatever nature or kind from or incident to the purchase,

transportation, removal, handling, use, disposition, or other activity causing or leading to contact

of any kind whatsoever with ACM from buildings, structures, and underground utilities and

pipelines included in this transfer. Due to the known or potential presence of undiscovered ACM

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F-4

associated with underground utilities and pipelines, any subsurface work performed by the

GRANTEE must be conducted in accordance with applicable regulations and conducted by

trained, properly-equipped personnel. Buildings and structures included in this transfer will be

transferred “as is” and asbestos hazards in said buildings and underground utilit ies and pipelines

will become the responsibility of the GRANTEE. The GRANTEE will be required to sign the

Asbestos Hazard Disclosure and Acknowledgment Form included as Exhibit D of the FOST prior

to execution of the transfer deed.

9. Presence of Lead-Based Paint: The GRANTEE, its successors, and assigns agree that they

will comply with all federal, state, and local laws relating to LBP in their use of any buildings and

structures on the PROPERTY (including demolition and disposal of existing improvements). The

GRANTOR assumes no new or further liability as a result of this transfer than it would otherwise

have for losses, judgments, claims, demands, expenses, or damages of whatever nature or kind

from or incident to the purchase, transportation, removal, handling, use, disposition, or other

activity causing or leading to contact of any kind whatsoever with LBP from buildings or structures

on the PROPERTY. Buildings will be transferred “as is” and LBP hazards in said buildings will

become the responsibility of the GRANTEE. The GRANTEE will be required to sign the Lead-

based Paint Hazard Disclosure and Acknowledgment Form included as Exhibit E of the FOST

prior to execution of the transfer deed.

10. Presence of Polychlorinated Biphenyls in Building Materials: The GRANTEE acknowledges

that fluorescent light fixture ballasts in facilities on the PROPERTY may contain PCBs. Prior to

beginning any maintenance, alterations, demolition, restoration, or construction work affecting

fluorescent light fixtures, the GRANTEE must determine if PCB ballasts are present. If present,

PCB ballasts and/or fixtures must be disposed of properly in accordance with all applicable

Federal, State, and local laws and regulations. The GRANTEE also acknowledges that buildings

constructed or renovated between 1950 and 1978 have the potential to have PCBs contained

within caulking, and the PCBs can migrate from the caulk into air, dust and surrounding material,

such as wood, bricks and soil. Such materials must be handled, managed and disposed of

properly during maintenance and/or renovations by the GRANTEE.

11. Pesticide Notification. The GRANTEE is hereby notified and acknowledges that registered

pesticides have been applied to the PROPERTY conveyed herein and may continue to be

present thereon. The GRANTEE further acknowledges that where a pesticide was applied by the

GRANTOR or at the GRANTOR’s direction, the pesticide was applied in accordance with its

intended purpose and consistently with the Federal Insecticide, Fungicide, and Rodenticide Act

(FIFRA)(7 U.S.C. § 136, et seq.) and other applicable laws and regulations. The GRANTEE

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F-5

covenants and agrees that if the GRANTEE takes any action with regard to the PROPERTY,

including demolition of structures or any disturbance or removal of soil that may expose, or cause

a release of, a threatened release of, or an exposure to, any such pesticide, GRANTEE assumes

all responsibility and liability therefor.

12. Other Land Use Controls: The GRANTEE, its successors, and assigns agree that they will

comply with provisions for all existing or future Land Use Controls established for sites as part of

CERCLA Records of Decision and Remedial Design documents, or Petroleum Program decision

documents.

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F-6

Exhibit F-2 Environmental Notices, Restrictions, and Covenants

FOST 2013-2 Transfer Parcel EDU-BC-5 Former Naval Air Station Brunswick

Brunswick, Maine

1. Notice of Environmental Condition: Information concerning the environmental condition of

Parcel EDU-BC-5 (PROPERTY) is contained in the document known as the Finding of Suitability

to Transfer (FOST) 2013-2 dated _____ 2013, which is attached hereto and made a part hereof

as Exhibit “_”, the receipt of which is hereby acknowledged by the GRANTEE. An Environmental

Condition of Property (ECP) report and other environmental documents are referenced in the

FOST; the FOST, ECP and referenced environmental documents describe environmental

conditions on the PROPERTY. The FOST sets forth the basis for the GOVERNMENT’s

determination that the PROPERTY is suitable for transfer. Together, the FOST, ECP and

referenced environmental documents contain all pertinent information currently known by

GOVERNMENT as to the environmental condition of the PROPERTY. GRANTEE hereby

acknowledges that it has been provided copies of the ECP and FOST. The specific

environmental conditions described in the FOST and ECP, which are applicable to the

PROPERTY, are contained in this Quitclaim Deed.

2. Reservation of Access: The GRANTOR reserves for itself, USEPA and MEDEP, their officers,

agents, employees, contractors, and subcontractors all reasonable and appropriate rights of

access to the PROPERTY for the purpose of monitoring and enforcing these restrictions,

provisions and conditions, for the purposes described below, and for such other purposes

consistent with any provision of the FFA. The right of access described herein shall include the

right to conduct tests, investigations, and surveys (including, where necessary, drilling, soil and

water sampling, test pitting, boring, soil gas surveys and other similar activities), and to conduct

tests or surveys required by the USEPA or MEDEP relating to assessment of environmental

conditions on the PROPERTY. Such right shall also include the right to conduct, operate,

maintain, or undertake any other response as reasonably necessary (including but not limited to

soil removals, monitoring wells, pumping wells, and treatment facilities). Any such entry, and all

responses, shall be coordinated in advance by GRANTOR, with such coordination including

reasonable notice provided to GRANTEE or its successors and assigns, and shall be performed

in a manner which eliminates, or minimizes to the maximum extent possible, (i) any damage to

any structures now or hereafter located on the PROPERTY and (ii) any disruption or disturbance

of the use and enjoyment of the PROPERTY.

3. Federal Facility Agreement: The former Naval Air Station Brunswick (Main Base) has been

identified as a National Priorities List (NPL) Site under the Comprehensive Environmental

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F-7

Response Compensation and Liability Act (CERCLA) of 1980, as amended. The transfer deed,

as it currently exists or may be amended, shall not affect the rights and obligations of parties

under the Federal Facility Agreement ([FFA] DoN, USEPA, State of Maine, 1990). The FFA

Section VIII requires that the Navy ensure that any transactions involving interest or right in real

property do not impede or impair activities or response actions taken pursuant to the FFA.

Therefore, the Navy has provided and the GRANTEE will acknowledge it has received a copy of

the FFA through execution of the deed. The Navy will ensure that provisions in the transfer deed

address the rights of Navy and regulatory agencies to access the PROPERTY to conduct

environmental studies and investigations and to carry out environmental responses as necessary;

contain provisions relating to compliance with applicable health and safety plans; and for

operation of any response actions.

4. Access to PROPERTY by State of Maine: Pursuant to Maine law (Maine Revised Statutes Title

38 [38 M.R.S. Chapter 3, §548; 38 M.R.S. Chapter 13 §1318-B; and 38 M.R.S Chapter 13 §1361

et seq]), GRANTEE agrees on behalf of itself, its successors and assigns as a covenant running

with the land, that the State of Maine, or its officers, agents, employees, contractors and

subcontractors (the “State”), shall have the right to enter upon the Property to perform any

environmental investigation, survey, monitoring, sampling, testing, drilling, boring, coring, test

pitting, installing monitoring or pumping wells or other treatment or containment facilities if

corrective or remedial action is found by the State to be necessary or advisable after the date of

transfer and that GRANTEE shall allow the State to enter upon the Property for such purposes

following reasonable notice. The State agrees to use reasonable means to avoid or minimize

interference with GRANTEE’s or GRANTEE’s successors’ and assigns’ quiet enjoyment of the

Property so as not to unreasonably interfere with GRANTEE’s and the GRANTEE’s successors’

and assigns’ operations on the Property. GRANTEE and all successive owners of the Property or

any portion thereof, and their assigns, are hereby bound by such covenants for the benefit of the

State as the covenantee.

5. Groundwater Use Restriction: The GRANTEE, its successors, and assigns agree that no

groundwater extraction/production supply wells shall be installed or permitted, and that no access

to groundwater for dewatering or other purposes shall be permitted on the PROPERTY without

the prior written approval of the Navy and the applicable federal and state regulatory agencies, as

appropriate.

6. Discovery of Previously Unknown Contamination: The GRANTEE, its successors and

assigns, or their subcontractors, shall stop all work and notify the Navy immediately if previously

unknown contamination, such as, but without limitation, buried debris, stained soil, unusual odors,

is discovered during soil disturbing activity such as soil excavation, drilling, digging or other

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F-8

ground-disturbing activities, including disturbance of building slabs, roads and other structures

and paved areas.

7. Presence of Asbestos: The GRANTEE, its successors, and assigns, covenant and agree that

they will comply with all federal, state and local laws relating to ACM in their use of any buildings

and structures included in this transfer (including demolition and disposal of underground utilities

and pipelines that may contain ACM wrapping). The GRANTOR assumes no new or further

liability as a result of this transfer than it would otherwise have for losses, judgments, claims,

demands or expenses, or damages of whatever nature or kind from or incident to the purchase,

transportation, removal, handling, use, disposition, or other activity causing or leading to contact

of any kind whatsoever with ACM from buildings, structures, and underground utilities and

pipelines included in this transfer. Due to the known or potential presence of undiscovered ACM

associated with underground utilities and pipelines, any subsurface work performed by the

GRANTEE must be conducted in accordance with applicable regulations and conducted by

trained, properly-equipped personnel. Buildings and structures included in this transfer will be

transferred “as is” and asbestos hazards in said buildings and underground utilities and pipelines

will become the responsibility of the GRANTEE. The GRANTEE will be required to sign the

Asbestos Hazard Disclosure and Acknowledgment Form included as Exhibit D of the FOST prior

to execution of the transfer deed.

8. Presence of Lead-Based Paint: The GRANTEE, its successors, and assigns agree that they

will comply with all federal, state, and local laws relating to LBP in their use of any buildings and

structures on the PROPERTY (including demolition and disposal of existing improvements). The

GRANTOR assumes no new or further liability as a result of this transfer than it would otherwise

have for losses, judgments, claims, demands, expenses, or damages of whatever nature or kind

from or incident to the purchase, transportation, removal, handling, use, disposition, or other

activity causing or leading to contact of any kind whatsoever with LBP from buildings or structures

on the PROPERTY. Buildings will be transferred “as is” and LBP hazards in said buildings will

become the responsibility of the GRANTEE. The GRANTEE will be required to sign the Lead-

based Paint Hazard Disclosure and Acknowledgment Form included as Exhibit E of the FOST

prior to execution of the transfer deed.

9. Presence of Polychlorinated Biphenyls in Building Materials: The GRANTEE acknowledges

that fluorescent light fixture ballasts in facilities on the PROPERTY may contain PCBs. Prior to

beginning any maintenance, alterations, demolition, restoration, or construction work affecting

fluorescent light fixtures, the GRANTEE must determine if PCB ballasts are present. If present,

PCB ballasts and/or fixtures must be disposed of properly in accordance with all applicable

Federal, State, and local laws and regulations. The GRANTEE also acknowledges that buildings

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F-9

constructed or renovated between 1950 and 1978 have the potential to have PCBs contained

within caulking, and the PCBs can migrate from the caulk into air, dust and surrounding material,

such as wood, bricks and soil. Such materials must be handled, managed and disposed of

properly during maintenance and/or renovations by the GRANTEE.

10. Pesticide Notification. The GRANTEE is hereby notified and acknowledges that registered

pesticides have been applied to the PROPERTY conveyed herein and may continue to be

present thereon. The GRANTEE further acknowledges that where a pesticide was applied by the

GRANTOR or at the GRANTOR’s direction, the pesticide was applied in accordance with its

intended purpose and consistently with the Federal Insecticide, Fungicide, and Rodenticide Act

(FIFRA)(7 U.S.C. § 136, et seq.) and other applicable laws and regulations. The GRANTEE

covenants and agrees that if the GRANTEE takes any action with regard to the PROPERTY,

including demolition of structures or any disturbance or removal of soil that may expose, or cause

a release of, a threatened release of, or an exposure to, any such pesticide, GRANTEE assumes

all responsibility and liability therefor.

11. Other Land Use Controls: The GRANTEE, its successors, and assigns agree that they will

comply with provisions for all existing or future Land Use Controls established for sites as part of

CERCLA Records of Decision and Remedial Design documents, or Petroleum Program decision

documents.

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Exhibit G

Comments and Responses

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Response to USEPA Comments Dated April 30, 2013 On the Draft Finding of Suitability to Transfer, FOST 2013-2,

Parcels EDU-BC-3, EDU-BC-5 and EDU-BC-6 dated April 2013 Former Naval Air Station Brunswick, Brunswick, Maine

Comments:

From: Daly, Michael [mailto:[email protected]] Sent: Tuesday, April 30, 2013 15:32 To: Burgio, Paul F CIV NAVFACHQ, BRAC PMO Cc: Catherine Ferdinand ([email protected]); Denise Clavette; Giannino, Steven; Sait, Claudia B; Leclerc, Robert CIV NAVFAC HQ, BRAC PMO Subject: NAS Brunswick Fost 2013-2 Good afternoon Paul, I've completed a review of the subject FOST. From an environmental condition standpoint, I saw no issues that would preclude conveyance to Bowdoin. I did however have a couple of questions that I could use some clarification on. Based on the answers, it might be prudent to revise the document to provide clarification. The first question pertains to EDU-BC-5 & EDU-BC-6. It states on page 2 that the FAA withdrew its request for these properties in September 2012. I recall that the Navy did prepare transfer documents to transact the change in property stewardship from the Navy to FAA. Did the FAA formally accept the property as specified in the reuse plan and does the FAA have to now turn stewardship back over to the Navy so it can convey it to Bowdoin? My second question relates to the improvements on these 2 parcels. Do the radar and transmitter facilities also get conveyed along with the land that they sit on or is it just the land that's conveyed? Sorry for my confusion on this one! Thanks, Mike

Navy Response:

Q: First question pertains to EDU-BC-5 & EDU-BC-6. It states on page 2 that the FAA withdrew its request for these properties in September 2012. I recall that the Navy did prepare transfer documents to transact the change in property stewardship from the Navy to FAA. Did the FAA formally accept the property as specified in the reuse plan and does the FAA have to now turn stewardship back over to the Navy so it can convey it to Bowdoin? A: In July 2012, Navy forwarded proposed transfer documentation to FAA and requested their decision on accepting custody and control of three land parcels, which included Parcels EDU-BC-5 & EDU-BC-6. FAA did not accept the transfer and formally withdrew its request for the property in September 2012. The Navy retains custody and control of Parcels EDU-BC-5 & EDU-BC-6. Q: Second question relates to the improvements on these 2 parcels. Do the radar and transmitter facilities also get conveyed along with the land that they sit on or is it just the land that's conveyed? A: All improvements (buildings and facilities) will be conveyed with the land.

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Toll Free • 1-888-372-7341 Internet Address (URL) • http://www.epa.gov/region1

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

June 3, 2013 Mr. Paul Burgio Department of Navy Base Realignment and Closure Program Management Office-Northeast 4911 South Broad Street Philadelphia, PA 19112-1303

Re: Final Finding of Suitability to Transfer (FOST 2013-2) for Parcels EDU-BC-3, EDU-BC-5, EDU-BC-6 at the Former Naval Air Station Brunswick, ME Dear Mr. Burgio: EPA has completed its review of the above referenced document. This Finding of Suitability to Transfer (FOST) serves as the basis for documenting the Navy’s decision that approximately 8.19 acres of noncontiguous land and improvements are suitable to be conveyed from the Navy to Bowdoin College as identified in the Final NAS Brunswick Reuse Master Plan. . Based on a review of the FOST and without any independent investigations or verification of the information outlined therein, EPA finds that the information presented in the document is sufficient to support this property conveyance, consistent with Department of Defense (DOD) policy. EPA reserves all rights and authorities relating to information not contained in the FOST whether or not such information was known when the FOST was issued or is discovered after such issuance. Please note that EPA reviewed this document solely for the purpose of determining whether it meets the requirements of DOD policy. EPA has not reviewed the document for any other purpose, including compliance with the National Environmental Policy Act.

Should you have any questions with regard to this letter, please feel free to contact me at (617) 918-1386.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION 1

5 POST OFFICE SQUARE, SUITE 100BOSTON, MASSACHUSETTS 02109-3912

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Sincerely, Michael J. Daly Remedial Project Manager Federal Facilities Superfund Section cc: Catherine Ferdinand, Bowdoin College Denise Clavette, Town of Brunswick (e-mail only) Todd Bober, USN-PMO (e-mail only) Robert Leclerc, USN-Brunswick CSO (e-mail only) Claudia Sait, MEDEP (e-mail only) Steve Levesque, MRRA (e-mail only) Bryan Olson, EPA Region I (e-mail only) David Wright, MEDEP (e-mail only) Steve Giannino, TetraTech (email only) Jane Connet, TetraTech (e-mail only) Ed Benedikt, BACSE

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Response to MEDEP Comments Dated April 26, 2013 On the Draft Finding of Suitability to Transfer, FOST 2013-2,

Parcels EDU-BC-3, EDU-BC-5 and EDU-BC-6 dated April 2013 Former Naval Air Station Brunswick, Brunswick, Maine

Comments:

From: Sait, Claudia B [mailto:[email protected]]

Sent: Friday, April 26, 2013 3:29 PM

To: 'Carol G. Warren'; Catherine Ferdinand ([email protected]); Catherine Guido; [email protected]; David Chipman ([email protected]); Denise Clavette; ed benedikt;

Evans, Chris; Johnson Suzanne ([email protected]); Leclerc, Robert; LePage, Carolyn

([email protected]); libby. scott ([email protected]); Orient, Jeff; Paul Burgio ([email protected]); Todd Bober ([email protected]); Tom Brubaker ([email protected])

Cc: Giannino, Steven

Subject: Fost 2013-2 Concurrence

Paul, Attached is MEDEP’s concurrence with the FOST 2013-2. Thanks to Jeff’s quick turn around on the revisions to the Tech Memo on Buildings 62, 63 & 64 Surface Soil Assessment MEDEP had no comments. Please be sure to update the reference date on the tech memo in the final FOST. Have a good weekend, Claudia Sait Project Manager Division of Remediation-Federal Facilities Unit Department of Environmental Protection (207) 287-7713 [email protected]

Navy Response:

The reference to the Tech Memo has been updated in the Final FOST.

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STATE OF MAINE

DEPARTMENT OF ENVIRONMENTAL PROTECTION

PAUL R. LEPAGE PATRICIA W. AHO

GOVERNOR COMMISSIONER

AUGUSTA BANGOR PORTLAND PRESQUE ISLE 17 STATE HOUSE STATION 106 HOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK AUGUSTA, MAINE 04333-0017 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769 (207) 287-7688 FAX: (207) 287-7826 (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143

web site: www.maine.gov/dep

June 5, 2013 Mr. Paul Burgio OASN (EI&E), BRAC PMO NE Building 679, Naval Business Center 4911 South Broad Street Philadelphia, PA 19112-1303 Re: Finding of Suitability to Transfer (FOST 2013-2) Parcels EDU-BC-3, EDU-BC-5 and EDU-BC-6 Former Naval Air Station, Brunswick, Maine Dear Mr. Burgio: Notable changes to the final “Finding of Suitability to Transfer, FOST 2013-2, Parcels EDU-BC-3, EDU-BC-5, EDU-BC-5 and EDU-BC-6”, including a pesticide notification and the reservation of access make it necessary for MEDEP to reissue its concurrence and rescind its previous letter of concurrence. This concurrence letter shall supersede the concurrence letter issued April 26, 2013 for FOST 2013-2. Maine Department of Environmental Protection (MEDEP) has reviewed the final “Finding of Suitability to Transfer, FOST 2013-2, Parcels EDU-BC-3, EDU-BC-5 and EDU-BC-6”, dated June 2013. The FOST 2013-2 consists of three non-contiguous parcels (EDU-BC-3, EDU-BC-5 and EDU-BC-6) totaling approximately 8.19 acres proposed for transfer under a Public Benefit Conveyance (PBC) to Bowdoin College for educational related uses. The parcels are located in the west-central portion of the Base between the runways and the western boundary. Parcel EDU-BC-3 comprises 4.48 acres and contains a former munitions bunker (Building 64). Two buildings, Building 227 (Generator Building) and 280 (Transmitter Building), are within the EDU-BC-5 3 acre parcel. Parcel EDU-BC-6 is a 0.7 acre parcel containing Building 646 (Radar Air Traffic Control Facility Antenna Building), a 50-foot high radar tower and a generator shed. These parcels lie within property already transferred to Bowdoin College. Under the FOST environmental restriction, provisions and conditions, the Navy is restricting the use of groundwater use on the Transfer Parcels without the approval of the Navy and applicable state and federal regulatory agencies. MEDEP concurs that the FOST meets the requirements of Section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for transfer of the parcels included in FOST 2013-2. The FOST process is primarily a record search and very little information is available for the 20-30 years that the Base operated prior to environmental regulation. Consequently the lack of reported storage, release or disposal of hazardous substances cited in the FOST may not represent the actual site conditions. If the site has or will be participating in the MEDEP Voluntary Response Action Program (VRAP) pursuant to Title 38 MRSA § 343-E, the protections provided by the VRAP “No Further Action

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Page 2 of 2 Assurance” letter or the VRAP “Commissioner’s Certificate of Completion” are not superseded by anything in this concurrence letter. Thank you for the opportunity to review this document and please contact me at (207) 287-7713 or [email protected], if you have any questions or comments. Respectfully, Claudia Sait Project Manager-Federal Facilities Bureau of Remediation & Waste Management Cf: Electronic Copy

Chris Evans-MEDEP Robert Leclerc-BNAS Todd Bober–BRAC PMO Mike Daly-EPA David W. Chipman Tom Brubaker-MMRA Carol Warren Scott Libby Suzanne Johnson-BASCE Ed Benedikt-BACSE Denise Clavette-Town of Brunswick Catherine Ferdinand-Bowdoin College Carolyn Lepage-Lepage Environmental Steve Giannino-Tt Jeff Orient-Tt