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Cleaning Up New England

SITE UPDATE

Mohawk Tannery Site

Nashua, NH

to productive use.

THE SUPERFUND PROGRAM™ protects human health
and the environment by investigating and cleaning up often-abandoned
\ hazardouswastesites andengagingcommunitiesthroughoutthe process.
Many of these sites are complex and need long-term cleanup actions.
Those responsible for contamination are held liable for cleanup costs.
EPA strives to return previously contaminated land and groundwater

SITE HISTORY:

The former Mohawk Tannery, also known as Granite State Leathers, produced tanned hides for
leather between 1924 and 1984. The Site consists of two contiguous parcels of approximately
15 acres each. The northern parcel housed the tannery and waste disposal operations, while the
southern parcel remained undeveloped. The tannery produced sludge and acidic residues, much of
which was disposed in two lagoons and to a lesser extent, at other areas on the Site. One of the two
lagoonsremain open; thislagoonandthe other disposal areas couldresultinadverse effects to humans
and the ecosystem, including the adjacent Nashua River. The Chester Realty Trust is the current
owner and both parcels are under a purchase and sale agreement with a local private developer,

For approximately 60 years, the former Mohawk Tannery disposed of tannery process waste in
the lagoons. The tannery also disposed of residues in a series of pits and drainage basins in and
around the tannery buildings that existed at the time. The sludge and the soils in all of these areas
are contaminated with heavy metals, dioxin, and semi-volatile organic compounds. Additionally,
EPA has determined that some of the areas discussed above and areas at the Site's southern
parcel hold asbestos containing material (ACM) on the surface and within the subsurface soil.
These contaminants are presently exposed in the open lagoon and surficial soils in various
locations at the Site. Most of the waste lies in the northern parcel in the former lagoons adjacent
to the Nashua River.

The Site was proposed to the EPA National Priorities List (NPL) in 2000 but was never listed.
Although the Site is fenced, its security has been compromised; squatters/trespassers have been
observed throughout the years,

SITE UPDATE

EPA reached an agreement with a local developer, Blaylock Holdings, LLC, ("Blaylock") that will
ensure the successful remediation and beneficial reuse of the Mohawk Tannery Site in Nashua,
N.H., also known as the Mohawk Tannery. EPA encourages public input on the agreement during
the public comment period, which will begin on February 12, 2021 and conclude on March 13,

continued >>

KEY CONTACTS:

MATT AUDET
U.S. EPA Project Manager
617-918-1449

audet.matthew@epa.gov

KELSEY DUMVILLE
U.S. EPA Community
Involvement Coordinator
617-918-1003

dumville. kelsey@epa gov

GENERAL INFO:
TOLL-FREE
CUSTOMER SERVICE
1-888-EPA-7341

LEARN MORE AT:
www.epa.gov/superfund/

mohawk

fa United States
Oey, Environmental Protection
WwW Agency

February 2021

Under the agreement, Blaylock will perform the cleanup selected for this Site. This agreement is unique in that the cleanup costs
are being shared with the developer, who will be reimbursed by EPA for part of the project cost. The agreement was developed in
coordination with the City of Nashua and the New Hampshire Department of Environmental Services. The cleanup work addresses
hazardous substances in soils, sludges, and contaminated waste in order to eliminate the threat posed to human health and the
environment. Overall, the total cleanup is estimated to cost $14 million, but EPA will reimburse Blaylock for $6 million of its costs.
Thus, this cost sharing arrangement will save the taxpayer an estimated $8 million in project costs, as compared to EPA performing
the entire cleanup.

An initial cleanup plan for the site was signed in 2019 after a comment period. In December 2020, EPA finalized an addendum to
include the adjacent Fimbel Landfill as part of the overall cleanup plan.

Cleanup work at the site will include excavation of hazardous tannery waste, landfill material and asbestos containing material,
disposal of waste in a newly constructed waste containment cell, and general property restoration. The containment cell will utilize
the most advanced materials and technology, including an impermeable cap and vertical barrier designed to meet EPA requirements
under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP), and the overall cleanup plan.

The cleanup work is expected to take approximately 18 months. Work will include:

* construction of waste containment unit (WCU);
® excavation of contaminated waste and soils;

* consolidation of waste/soils into WCU;

* long-term operation and maintenance of WCU.

The EPA will continue to work closely with state and local officials as the project progresses. EPA plans to hold a virtual public
informational meeting after the comment period has closed and before any work begins at the Site.

Once the cleanup is complete, Blaylock plans to redevelop the area into mixed-use commercial space and residential units. This will
help provide significant economic opportunity, much-needed residential housing and bring an otherwise abandoned property back
into productive use.

For site details, including how to comment on the Action Memo Addendum or the agreement, please visit EPA’s Mohawk Tannery
website at www.epa.gov /superfund/mohawk

ADDITIONAL CONTEXT

Mohawk Tannery Site, CERCLA Docket No. 01-2020-0063.

General Purpose

Under the federal Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA, commonly referred to as Superfund),! the Agency’s mission is to protect human
health and the environment from the actual or potential risks posed by exposure to contaminated
or potentially contaminated land and other media. A Superfund cleanup can help return lands to
productive reuse.

Property Status

Information on sites that are, or potentially are, contaminated with hazardous substances and
may warrant action under Superfund, including site-specific documents and fact sheets, is
recorded in the EPA’s Superfund Enterprise Management System (SEMS), which may be
accessed at https://cumulis.epa.gov/supercpad/cursites/srchsites.cfm. SEMS includes a public
access database that contains information about sites where there has been EPA regional office
involvement under Superfund.

The Property is located near the Mohawk Tannery Site (“Site”). This Site is located in SEMS,
and has been proposed to the National Priorities List (NPL). Additional information about the
Site may be found at: https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0101188.

History and Status of the Site
For the reasons stated below, we are addressing the Site under Superfund authority.

As mentioned above, SEMS provides information for NPL sites (1.e., sites proposed to the NPL,
currently on the final NPL, or deleted from the final NPL), sites subject to a federal removal
action, and sites with a Superfund Alternative Approach agreement.”

The profile includes information such as the status of cleanup efforts and cleanup milestones that
have been reached. For more information about the Site, please visit SEMS at
https://cumulis.epa.gov/supercpad/cursites/srchsites.cfm.

EPA issued an Action Memorandum in September 2019 for the Site cleanup. The Action
Memorandum was clarified by the technical memorandum of April 2, 2020 concerning the Site.
An addendum to the Action Memorandum was then issued on December 21, 2020. Hazardous

142 U.S.C. §§ 9601, ef seg.
* See Transmittal of Updated Superfund Response and Settlement Approval for Sites Using the Superfund
Alternative Approval (SAA Guidance) (Sept. 28, 2019), https://www.epa. gov/enforcement/transmittal-memo-

updated-superfund-response-and-settlement-approach-sites-using.

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INCEPTIVWN | @ Quote

Security Controls

Security

All of Inception Technologies employees are focused on maintaining the highest level of physical and digital security
possible. We constantly review and test our physical security procedures and network vulnerability to ensure that all
documents and data are safe and highly secure. Below are the processes and security controls we incorporate.

Production Site Physical Security

Our production facility is located in a modern, 6,000 square foot, fully alarmed building with 16 Camera's providing
full video coverage of the facility and your documents. Documents are secured each night in a segregated area of
our facility. All locks are coded and require a valid code to enter into each area. Our security locks audit and tracks
each entry into an area.

Inception Technologies Production Control System

The Inception Technologies Production Control System (PCS) individually tracks each box as they move through the
production process. All boxes of incoming documents or media are logged and a label is printed to track each box as
it moves through the imaging process.

Data Security
Inception Technologies employs the following procedures for maximum security of our customers’ confidential
information:

¢ Employment of Dual redundant RAID 5 server configuration

¢ File servers in production are located in a secure data center with limited access to select IT staff only.

¢ All production servers and workstations are monitored and protected by our state-of-the-art firewall and
intrusion monitoring and reporting systems. In addition, all servers and workstations are protected with antivirus
software.

e Employee access to client data is tightly controlled at both the application level and file access level.

¢ Database information in process is password protected at both the Client and Server levels

Inception Technologies Inc. - Quote # 1385 v3 6/10

substances present in soils, sludges, and contaminated waste originating from the Mohawk
Tannery, if not addressed by implementing the response actions selected in the Action
Memorandum and Addendum, will continue to pose a threat to human health and the
environment. The 2019 Action Memorandum primarily addressed tannery soil and sludge
contamination on the Mohawk Tannery northern and southern parcels. The Action Memorandum
anticipated that the NTCRA would be performed in connection with private party redevelopment
of the Site.

Reuse of the Property

Based on the information we have and that you provided, the EPA Region understands that
Blaylock, among other activities, intends to excavate approximately 17,000 cy of asbestos
containing material (ACM) from a City-owned Property and approximately 5,000 cy of ACM
from the Fimbel Door property and deposit this ACM into a separate capped cell to be built
adjacent to the eastern edge/wall of the capped area at the Site. Please note that, to ensure the
remedy remains protective of human health and the environment, any development must be
compatible with the EPA cleanup actions and institutional controls (ICs) designed to protect the
remedy and prevent unacceptable exposure to residual contamination. As of the date of this
letter, we have not identified any obvious incompatibility between the proposed use of the
Property as described to us and the EPA’s selected cleanup option. As your plans develop
further, please continue to discuss the development with us. The EPA recommends that you
consult with your own legal counsel and environmental professional to ensure that the proposed
reuse will not affect EPA’s cleanup response.

CERCLA’s Bona Fide Prospective Purchaser Liability Protection

The EPA understands that you are interested in information regarding the bona fide prospective
purchaser (BFPP) provision of CERCLA. Congress amended CERCLA in 2002 to exempt
certain parties who buy contaminated or potentially contaminated properties from CERCLA
liability if they qualify as BFPPs. The BFPP provision provides that a person meeting the criteria
of CERCLA §§ 101(40) and 107(r)(1), and who purchases the property after January 11, 2002,
will not be liable as an owner or operator under CERCLA. The statutory definition of a BFPP
also includes a party who acquires a leasehold interest in a property after January 11, 2002,
where the leasehold is not designed to avoid liability and the interested party meets certain
conditions and criteria.

The Agency has issued guidance discussing some of the BFPP criteria . See Enforcement
Discretion Guidance Regarding Statutory Criteria for Those Who May Qualify as CERCLA
Bona Fide Prospective Purchasers, Contiguous Property Owners, or Innocent Landowners
(“Common Elements”) (“Common Elements Guidance”) (July 29, 2019
(https://www.epa.gov/enforcement/common-elements-guidance). Based upon this situation, the
BFPP provisions apply to Blaylock. Note that a court, rather than the EPA, ultimately determines
whether a landowner has met the criteria for BFPP status.

Although Congress provided liability protection under CERCLA for BFPPs to encourage the
purchase and reuse of contaminated properties, the property they acquire may be subject to a
windfall lien pursuant to CERCLA § 107(r) if there are unrecovered response costs incurred by
the United States and the response action increases the fair market value of the property. Unlike
a CERCLA § 107(/) lien (aka “Superfund lien’), a windfall lien is not a lien for all the Agency’s
unrecovered response costs. The windfall lien is limited to the lesser of the Agency’s
unrecovered response costs or the increase in fair market value attributable to the EPA’s cleanup.
For more information, please refer to the Agency’s /nterim Enforcement Discretion Policy
Concerning “Windfall Liens” Under Section 107(r) of CERCLA July 16, 2003) (“Windfall Lien
Policy”) https:/Wwww.epa.gov/enforcement/interim-guidance-enforcement-discretion-
concerning-windfall-liens-cercla-section-107r]. Based upon the information now available to
the EPA Region, the Agency is not in a position today to determine whether the windfall lien
policy may apply to this Property.

Jahmal Mosley, Ed. D.
Superintendent

Garth McKinney, Ed. D.
N A S i UA Assistant Superintendent

so SCHOOL DISTRICT
Donna Fitzpatrick, Ed. S. Pa] Joo Daniel Donovan
Gateway to Opportunity

Assistant Superintendent Chief Operating Officer

To: Board of Alderman

From: Daniel Donovan

Date: January 5, 2021

RE: One Time Budget Funds FY21

As part of the School’s FY21 budget, 2.2 million dollars of “one time” funds were approved and put in
contingency by the Board of Alderman. $1,445,000 of the $2,200,000 has already been transferred to

the school operating budget. (See attached) This is a request to transfer the remaining $755,000 for use
by the school department.

Ite Amount Two Digit Acct code
Deferred Maintenance- Franklin Street $425,000 Deferred Maint
Fiber at elementary schools and §315,000 71

System wide Back-up solution

Legal Services $15,000 53
Total Requested $755,000

The items listed above were in the FY21 one-time budget, except for the legal services. Initially we had
budgeted the $15,000 in legal noted above, to the upgrade of our Quickbooks software but we were
able to purchase that upgrade using FY2020 funds, and thus no longer need these funds for that
purpose. We have had significant legal costs this fiscal year and this transfer will help alleviate the
overrun in that budget line.

By moving the Franklin Street request to Deferred Maintenance, this gives Plant Operations time to
work on that school location and the funds will not expire in June 2021.

141 Ledge Street, Nashua, New Hampshire 03060
T: (603) 966-1000 F: (603) 594-4350
www.nashua.edu/district/

Jahmal Mosley, Ed. D.
Superintendent

Garth McKinney, Ed. D.
N A S i UA Assistant Superintendent

eu SCHOOL DISTRICT
Donna Fitzpatrick, Ed. S. Pa] Joo Daniel Donovan
Gateway to Opportunity

Assistant Superintendent Chief Operating Officer

To: Board of Alderman

From: Daniel Donovan

Date: July 21, 2020

RE: One Time Budget Funds FY21

The Board of Education, in a meeting held July 20, 2020 voted to request the following amounts from
the one-time FY21 funds being held in contingency:

Item Amount Two digit Acct code
Deferred Maintenance 5460,000 Deferred Maint
High School Furniture $200,000 71

Copier Down Payment $250,000 71

Middle School Amplify Science $175,000 61

Internet Connections-High Schools $160,000 71

3 ELL Teachers $150,000 51

Benefits for ELL Teachers $50,000 52

Total approved $1,445,000

We request that these funds be moved from contingency to the School FY21 operating budget so that
purchases canthen be made.

141 Ledge Street, Nashua, New Hampshire 03060
T: (603) 966-1000 F: (603) 594-4350
www.nashua.edu/district/

. Community Development 589-3095

City of Nashua Planning and Zoning 589-3090

. soe Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Cee ersten mission eoecatoe
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: February 11", 2021

To: James Donchess, Mayor
Board of Aldermen
Planning Board
Lori Wilshire, President, Board of Aldermen
Donna Graham, Legislative Affairs Manager
Cheryl Lindner, Chief of Staff
Richard A. Dowd Chair, Aldermanic Budget Review Committee
Division/Department Directors
CIC Committee

From: Matt Sullivan, Planning Department Manager, Capital Improvements Committee (CIC) Secretary

Memorandum: FY2022 Capital Improvement Program

Board Members:

Attached please find the FY2022 Capital Improvement Plan (CIP) that summarizes and ranks each capital
improvement requests received for the coming year’s budget. In addition, the report includes a spreadsheet
that lists all department requests projected for the next six (6) fiscal years. The Capital Improvements Plan
(CIP) is intended to aid City officials in scheduling the investment of resources. By definition, the CIP is an
advisory planning tool. Under the law, “[t]he sole purpose and effect of the capital improvements program
shall be to aid the mayor or selectmen and the budget committee in their consideration of the annual
budget.” The FY2022 CIP is scheduled for review and approval by the Planning Board on February 18",
2021 pursuant to the process delineated within the City Charter (Section 77-a).

The Plan represents the collective effort of the CIC Committee, Divisions, Departments, and their
professional support teams. Each presentation provided a clear and concise background and justification
projects contained with this cycle’s Plan and we thank participants for their time and effort in supporting the
development of this critical planning document. Within, you will see a variety of projects, phasing, and
funding mechanisms, all intended to balance the impact of the tax rate, while ensuring the community
continues to be provided with the necessary services.

The recommendations of the FY 2022 Plan are summarized as follows:

* Total Long-Term Project Recommendations: $12,190,000
« Total Short-Term Project Recommendations $25,659,011
« Total Overall Project Recommendations: $37,849,011

« Recommended Solid Waste Enterprise Fund Projects: $950,000

«= Recommended Wastewater Enterprise Fund Projects: $12,138,039
« Total Enterprise Fund Project Recommendations: $13,088,039

The following long and short term projects received the highest ranking of “A-1”:

=» Annual Street Paving
=» Annual Roadside Safety Improvements

Rehabilitation of Airport Taxiway “A”

Fire Department Deferred Maintenance

Sidewalk and ADA Improvements

Safe Transportation Pedestrian Improvements

Tennis, Basketball, and Pickleball Court Improvements
Nashua North High School Cooling Tower Upgrades

The Committee continued its strong support of all Division of Public Works Enterprise Fund projects for
ongoing asset management and maintenance of critical City infrastructure.

The Committee is cognizant of the City’s existing and future financial constraints. In that context, the
Committee has attempted to balance the Long and Short Term requests against the potential impact of not
maintaining its infrastructure and facilities. While a new city-wide master plan is currently in development,
the Committee continues to be committed to positioning the city well for growth in a strategic and planned
fashion, and these improvements are an essential component of that planning.

Thank you for your consideration of this critical planning document. | am available to answer any questions
should the Board or public have them.

Thank you,

Matt Sullivan, Planning Department Manager, CIC Secretary