memorandum of agreement between us … · paper production began in 1907 and ended in 2003, ......

MEMORANDUM OF AGREEMENT BETWEEN

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND THE NEW JERSEY STATE HISTORIC PRESERVATION OFFICE

WITH CONCURRENCE BY MILFORD BOROUGH HISTORICAL SOCIETY,

ALEXANDRIA TOWNSHIP HISTORICAL SOCIETY, INTERNATIONAL PAPER COMPANY AND

GEORGIA-PACIFIC CONSUMER PRODUCTS, LP FOR THE CURTIS SPECIALTY PAPERS SITE

BOROUGH OF MILFORD, HUNTERDON COUNTY, NEW JERSEY SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

PURSUANT TO 36 CFR PART 800 ' I

INTRODUCTION ; • i

The Curtis Specialty Papers Site (the Site) is a former food-grade paper mill located along the Delaware River at 404 Frenchtown Road, also known as County Road 619, in Hunterdon County, New Jersey. The Site occupies approximately 109 acres in the Borough of Milford and Alexandria Township.

Paper production began in 1907 and ended in 2003, During these 96 years, four operational areas developed at the Site:

« Main Mill Area, which consists of approximately 61 buildings including process and office facilities, a cogeneration power plant, and loading/unloading areas;

• Coatings Facility Area, which includes the coatings building, solvent recovery building, and supporting outbuildings;

• Wastewater Treatment Plant Area, which includes two clarifier basins, a settling tank, and intake/outfall structures on the shoreline of the Delaware River; and

• Coal Pile and Aeration Basin Area, which is primarily undeveloped but includes the area that contained an aeration basin (demolished in 2011) and areas where coal was historically staged for use in powering the Site.

Frenchtown Road borders the Site to the east and the Delaware River borders the Site to the west. Quequacommissacong Creek and an unnamed tributary flow east to west across the Site and discharge into die Delaware River. The portion of the Site to the north of Quequacommissacong Creek (i.e., the Northern Parcel) is undeveloped and did not support paper mill operations. A railroad right-of-way runs north to south through the Site. Sections of the railroad to the north and south of the Site have become part of a rails-to-trails program. According to current tax records of the Borough of Milford, the Belvidere and Delaware River Railroad Owns the section of right-of-way that crosses the Site. Farmland and the Crown Vantage Landfill border the Site to the south.

•v

CLAUSES

WHEREAS, the United States Environmental Protection Agency (USEPA) has the authority to respond with removal and remedial actions at die Curtis Specialty Papers Superfund Site in the Borough of Milford and the Township of Alexandra, Hunterdon County, New Jersey pursuant to

336162

Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"),42U.S.C. 9601 etseq.;and

WHEREAS, on September 23,2009, USEPA listed the Site on the National Priorities List of Superfund sites; and

WHERE AS, the Site means the former paper manufacturing facility located on approximately 109 acres at 404 Frenchtown Road in Milfoid, the areal extent of contamination from the release or disposal of hazardous substances, pollutants or contaminants at the Site, and all suitable areas in close proximity to the contamination necessary for implementation of response actions. The Site is depicted generally on the map attached as Figure 1; and

WHEREAS, USEPA has never had ownership of the Site, which International Paper Company (IP) and Georgia Pacific Consumer Products, LP (GP) acquired in 2009 and currently own; and

WHEREAS, on June 4,2009, IP and GP, as settling parties, voluntarily entered into an Administrative Settlement Agreement and Order on Consent (Settlement Agreement) with USEPA for the preparation and performance of a remedial investigation and feasibility study (Rl/FS) at the Site; and

WHEREAS, on November 11,2010, IP, GP and USEPA amended the Settlement Agreement, which Amendment No. 1 states that Settling Parties may demolish structures at the Site in the future and have proposed to perform early response action pre-demolition work; and

WHEREAS, upon completion of the RI/FS, USEPA expects to issue a Record of Decision that sets forth the cleanup remedy to be implemented at the Site; and

WHEREAS, USEPA and the New Jersey State Historic Preservation Office (NJSHPO) acknowledge that actions taken pursuant to CERCLA shall be performed in accordance with laws, regulations, and Applicable or Relevant and Appropriate Requirements (ARARs), including those pertaining to historic properties; and

WHEREAS, the involvement of USEPA at the Site constitutes an undertaking under Section 106 of the National Historic Preservation Act (NHPA, 16 U. S. C. 470f); and

WHEREAS, USEPA has consulted with NJSHPO pursuant to 36 CFR Part 800, regulations implementing Section 106 of the NHPA; and

WHEREAS, USEPA in consultation with NJSHPO has established the Area of Potential Effect (APE) as defined in 36 CFR Section 800.16(d) of NHPA, to be the Curtis Specialty Papers Site, as shown in Figure 1; and

WHEREAS, IP and GP and others have submitted reports to USEPA and NJSHPO indicating the prior findings by others that Site buildings are significant historic properties potentially eligible for listing on the National Register of Historic Places (NRHP) (a list of these reports is included as Attachment A to this Memorandum of Agreement [MOA]); and

2

WHEREAS, in 2003, NJSHPO determined that the Site buildings are eligible for listing on the NRHP under Criteria A and C and that together the Site buildings constitute the Curtis Paper Mill Historic District; and

WHEREAS, previously completed archaeological investigations of the Site identified areas of Pre-Contact period archaeological sensitivity; and

WHEREAS, USEPA and NJSHPO have determined that removal and remedial actions will have an * .1!'

adverse effect on the Curtis Paper Mill Historic District and may have an adverse effect on identified and as yet unidentified Pre-Contact period resources at the Site; and

WHEREAS, in March 2010, USEPA issued a Community Involvement Plan for the Site to facilitate two-way communication between the local communities affected by and interested in the Site and USEPA, as well as to encourage community involvement in Site activities. In developing this plan, USEPA drew upon diverse information sources, including community interviews of residents and local officials. As part of the Community Involvement Plan, USEPA holds public meetings with an active Community Advisory Group on a quarterly basis (or more frequently as necessary), has established a local information repository for Site-related documents at the Milford Public Library, and maintains a website (www.epa.gov/region02/superfund/npl/curtisspecialtypapers) regarding Site activities.

WHEREAS, USEPA has consulted with local community groups concerned with the preservation of local historical heritage, including the Milford Borough Historical Society, the Alexandria Township Historical Society; and

WHEREAS, USEPA has consulted with relevant Native American groups with traditional interest in die area of the Site, including the Delaware Nation in Anadarko, Oklahoma and the Stockbridge-Munsee Band of the Mohicans in Bowler, Wisconsin; and

WHEREAS, USEPA has provided the Advisory Council on Historic Preservation (ACHP) an opportunity to comment on the proposed undertaking and its effects on historic properties pursuant to 36 CFR Section 800.9; and

NOW, THEREFORE, USEPA and NJSHPO agree that the following Stipulations will be implemented in consideration of the effect on historic properties at the Site:

f

STIPULATIONS

The stipulations of this MOA will be implemented by USEPA in conjunction with actions carried out under CERCLA. USEPA will carry out, or will require IP and GP to carry out, measures designed to avoid, minimize or mitigate any adverse effects on significant historic properties. These measures shall include the following:

3

http://www.epa.gov/region02/superfund/npl/curtisspecialtypapers

ARCHITECTURAL PROPERTIES

A. The pre-1945 structures that compose the Curtis Paper Mill Historic District (the industrial portion of the Site) shall be recorded in the form of a report that includes color photographs of select existing interiors and exteriors using a digital format with a minimum of 1600 x 1200 pixels at 300 pixels per inch or larger; existing historic photographs, select existing drawings, blueprints, and other documentation where available, and written data (company and background history, architectural description, industrial process description, social history, etc.). The report photographs shall be prepared using the standards currently adopted by the NRHP. Documentation shall be prepared according to accepted professional standards, submitted in 8 by 10-inch format, printed on archivally stable paper (25% cotton bond or better), and shall include a full set of Architectural Survey Forms completed in accordance with the New Jersey Guidelines for Architectural Survey. Work shall be conducted in accordance with the USEPA-approved Architectural and Industrial Recordation Work Plan.

B. Qualified professionals meeting National Park Service professional qualifications standards for the appropriate discipline (see National Park Service Professional Qualification Standards, Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation [48 Fed. Reg. 44738-39]) shall be retained to complete the recordation.

C. Prior to the commencement of building predemolition and demolition-related activities, the fieldwork portion of the recordation of the historic properties at the Site consisting of photography , mapping and observation shall have been completed.

D. Upon completion of review and approval of the recordation report pursuant to Section IV below, twelve (12) copies of the report shall be prepared and distributed as follows: two copies to NJSHPO (one copy to be forwarded to the New Jersey State Archives), one copy to USEPA, one copy to the Special Collections and University Archives at Rutgers University, one copy to the Milford Borough Historical Society, one copy to the Site information repository at the Milford Public Library, one copy to the Alexandria Historical Society, one copy to the Hunterdon County Historical Society, one copy to the Hunterdon County Library, one copy to IP, one copy to GP, and one copy to IP's and GP's cultural resources consultant.

E. The recordation narrative including text, photographs and illustrations shall be reproduced on a DVD for distribution to the general public via the Milford Borough Historical Society. Twenty-five (25) copies of the DVD will be produced.

PRE-CONTACT PERIOD PROPERTIES

A. Previously completed archaeological investigations of the Site have identified areas of Pre-Contact period archaeological sensitivity. If activities are necessary within an identified sensitive area or are necessary in such close proximity that they may impact an identified sensitive area, sub-surface archaeological investigations within those locations shall be carried out prior to conducting the activities. If resources are

identified, they shall be evaluated, in accordance with the Secretary of the Interior's Standards and Guidelines for Evaluation, with respect to their eligibility for nomination to the NRHP. Should such properties be determined to be eligible then appropriate steps shall be taken consistent with Section 106 of the NHPA, to avoid, minimize or mitigate any adverse effects.

B. Evidence for Pre-Contact period activity was discovered as a result of a Phase IB archaeological investigation in conjunction with the proposed demolition of the aeration basin. This resource is registered at the New Jersey State Museum as part of occupation site 28-Hu-14} and is being protected through a combination of avoidance and monitoring in accordance with the USEPA-approved protocol developed for the aeration basin activities.

C. Unanticipated but recognized finds) encountered during Site activities shall immediately be reported to USEPA and NJSHPO for further consultation. Work in the area of the find shall be halted until directed by USEPA to proceed. Archaeological investigations deemed necessary (Phases I, II, and/or III) shall be conducted according to the Secretary ofthe Interior's Standards and Guidelines for Archaeology and Historic Preservation (48 Fed Reg. 44738-39) and the standards for conducting archaeological investigations currently adopted by NJSHPO.

D. If human remains, associated funerary objects or graves are discovered at the Site, the activities at the Site shall immediately be halted in the area of die find. The medical examiner or appropriate law enforcement official of Hunterdon County and USEPA shall immediately be notified. Protective measures such as barriers or fencing shall be erected until the plan for treatment is complete. Work shall not proceed in the area of the find until consultation with USEPA and any appropriate authorities is completed and USEPA has issued a written notice to proceed.

IH. INTERPRETATION AND TREATMENT OF IDENTIFIED ARCHITECTURAL AND PRE-CONTACT PERIOD HISTORIC PROPERTIES

A. The Milford Borough Historical Society shall be assisted in creating an interpretive exhibit as part of the mitigation for Site-related impacts. Assistance shall consist of offering the Milford Borough Historical Society the opportunity to select certain uncontaminated or decontaminated identified artifacts and/or copies of historical documents for its collections. Identified artifacts shall be decontaminated (if necessary) by a qualified party and delivered to the historical society. Guidelines also shall be provided to the Milford Borough Historical Society to assist in its collection of oral histories from mill workers and oilier townspeople who worked in and around the Site. The Milford Borough Historical Society shall be provided with the findings of completed and possible future cultural resources investigations and records resulting from the recordation for its use in developing the interpretive exhibit for the Site.

B. Upon completion of review and approval pursuant to Section IV below, a brochure shall be produced for distribution and use by local governments and historical societies to

5

promote the history of the Site. Hie brochure will briefly characterize the results of the recordation and other studies carried out in conjunction with activities at the Site.

C. Upon completion of review and approval pursuant to Section IV below, a short, illustrated booklet on the abstracted history of the Site with the general public as its intended audience shall be prepared for distribution and use by local governments and historical societies to promote the history of the Site. The booklet will draw upon the research conducted for die recordation narrative and include appropriate images to illustrate points made in the text.

D. Upon completion of review and approval pursuant to Section IV below, a Teachers' Guide for Local History focusing on the 20th Century developmental, industrial, and social history of the Site shall be prepared for distribution to Milford area school districts. It will utilize information included in the recordation narrative in abstract form. The guide will be organized by topics or themes and shall include maps and timelines. Performance of this task will facilitate development of lesson plans for a teaching unit based on the local history of the Site.

E. The paper documents produced pursuant to this Section III B, C and D shall be distributed to the entities and in such numbers as indicated in the table below.

Brochure Booklet Teachers' Guide Milford Public Library 100 3 -

Milford Borough Hall SO 10 -

Milford Borough Historical Society 50 25 -

Alexandria Township Offices 50 -

Alexandria Historical Society 50 25 -

Hunterdon County Historical Society

50 -

Hunterdon County Library HQ 3 Holland Township Historic Preservation Commission

50 - -

New Jersey State Library - 1 1 Milford Public School (K-8) - - 4 Delaware Valley Regional High School

- - 4

USEPA 5 2 2 NJSHPO 5 2 1 IP 7 3 3 GP 7 3 3

Total # Paper Copies 424 77 18

Each entity receiving one or more paper copies will be provided with one (1) electronic copy as well, except that each school receiving a paper copy of the Teacher's Guide shall receive three (3) electronic copies.

6

IV. COORDINATION OF REVIEWS FORjpROJECT ACTIVITIES .

Documents resulting from actions pursuant to this MOA shall be submitted to USEPA and NJSHPO for review and approval, as well as to consulting parties and Native American tribes for comment. The Green Acres Program ofNJDEP shall be identified as a consulting party for any documents related to any railroad right-of-way that may be considered for potential extension of the Delaware and Raritan Canal State Park. Reports will be responsive to contemporary standards, and as appropriate to the Department of the Interior's Format Standards for Final Reports of Data Recovery Programs (42 FR 5377-79) and current NJSHPO report standards. Precise site locational data may be provided only in a separate appendix for limited distribution consistent with National Register Bulletin Number 29, Guidelines for Restricting Information abciut Historic and Prehistoric Resource, if it appears that release of such data could jeopardize archaeological sites.

V. PUBLIC INVOLVEMENT

A. Past presentations at Community Advisory Group meetings have included the NHPA process at Superfund sites and updates on the findings of the Phase 1A and IB work at the Site. Future presentations to the Community Advisory Group will include further updates regarding NHPA activitiesj and findings from future documents prepared pursuant to this MOA.

B. Copies of this MOA and relevant documentation prepared pursuant to the terms of this MOA shall be made available for public inspection at the information repository for the Site located at the Milford Public Library (information regarding the locations of archaeological sites will be withheld in accordance with the Freedom of Information Act and National Register Bulletin 29, if it appears that this information could jeopardize archaeological sites). Comments received from the public under this MOA shall be taken into account by USEPA.

VI. OBJECTIONS, AMENDMENTS AND DISPUTE RESOLUTION i

A. Should the NSHPO or other signatory to this MOA object within thirty (30) days to any action proposed pursuant to this Agreement, USEPA shall consult with the objecting party to resolve the objection. If USEPA determines that the objection cannot be resolved, USEPA shall request that the ACHP join the consultation pursuant to 36 CFR Section 800.6(b). Any ACHP comments provided in response will be taken into account by USEPA in accordance with 36 CFR Section 800.6(b)(2) and 36 CFR Section 800.7 with respect only to the subject of the dispute; USEPA's responsibility to carry out actions under this MOA that are not the subject of such a dispute will remain unchanged.

B. Any party to this MOA may request that it be amended, whereupon the parties will consult in accordance with 36 CFR Section 800.6(c)(7) to consider such amendment.

7

C. Execution of this MOA by USEPA and NJSHPO, its subsequent acceptance by the ACHP, and implementation of its terms are evidence that USEPA taken into account the effects of the undertaking on historic properties.

VXI. SUNSET PROVISION f

This MOA shall be null and void if its terms are not carried out within ten (10) years from the date of its execution, unless USEPA and NJSHPO agree in writing to an extension fbr carrying out its terms.

8

MEMORANDUM OF AGREEMENT BETWEEN '




GEORGIA-PACIFIC CONSUER PRODUCTS, LP FOR THE CURTIS SPECIALTY PAPERS SITE


PURSUANT TO 36 CFR PART 800

Signatory

By: ' Date UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

Print Name

9






BOROUGH OF MILORD, HUNTERDON COUNTY, NEW JERSEY SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

PURSUANT TO 36 CFR PART 800 r

Signatory

3//V//2-Date

NEW JERSEY STATE HISTORIC PRESERVATION OFFICE

Print Name

10




ALEXANDRIA TOWNSHIP HISTORICAL SOCIETY,




Comcaning Party

QpMACJL CblfoAll/uvn̂ j /*?/?/// By fl j Date MILFORD BOROUGH HISTORICAL SOCIETY

JqkICJC/ £. (\f*KsWon Print Name 5

ii

MEMORANDUM OF AGREEMENT BETWEEN ;

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND \ THE NEW JERSEY STATE HISTORIC PRESERVATION OFFICE

WITH CONCURRENCE BY MXLF0RD BOROUGH HISTORICAL SOCIETY,





Concurring Party

cur\r-\ Print Name

12






>|!



Concurring Party

INTERNATIONAL PAPER COMPANY

gpggg rt. SaiOHEg Print Name

13







PURSUANT TO 36 CFRPART 800

Concurring Party

14

ATTACHMENT A

CURTIS SPECIALTY PAPERS SITE REPORTS

IP, GP, and ARCAD1S. 2010. Phase IA Cultural Resources Investigation Report Curtis Specialty Papers Site. Milford New Jersey. Prepared by International Paper Company, Georgia-Pacific Consumer Products, LP, and ARCADIS. Eugene J. Boesch Principal Investigator. Prepared for the United States Environmental Protection Agency.

IP, GP, and ARCADIS. 2010. Phase IB Cultural Resources Investigation Report - Aeration Basin Archaeological Testing. Curtis Specialty Papers Site, Milford, New Jersey. Prepared by International Paper Company, Georgia-Pacific Consumer Products, LP, and ARCADIS. Eugene J. Boesch Principal Investigator. Prepared for the United States Environmental Protection Agency.

IP, GP, and ARCADIS. 2010. Phase IB Cultural Resources Investigation Report - Northern Parcel Archaeological Testing. Curtis Specialty Papers Site, Milford, New Jersey. Prepared by international Paper Company, Georgia-Pacific Consumer Products, LP, and ARCADIS. Eugene J. Boesch Principal Investigator. Prepared for the United States Environmental Protection Agency.

IP, GP, and ARCADIS. 2010. Phase IB Cultural Resources Investigation Report - Former Brick Residence Architectural Evaluation and Aicheological Testing. Curtis Specialty Papers Site, Milford, New Jersey. Prepared by International Paper Company, Georgia-Pacific Consumer Products, LP, and ARCADIS. Eujgene J. Boesch Principal Investigator. Prepared for the United States Environmental Protection Agency.

i ARCH, Inc. 2003. Cultural Resources Survey for the AT&T Wireless Curtis Paper Site #906-

0Q3-P21.404 Frenchtown Road. Block 19. Lot 51. Borough of Milford. Hunterdon County. New Jersey for Review Under Section 106 of the National Historic Preservation Act. Copy on file at the New Jersey State! Historic Preservation Office.

Guzzo, Dorothy 2003. "Consultation Comments Letter from Dorothy P. Guzzo, Deputy State Historic Preservation Officer to Nancy L. Zerbe, Principal Investigator, ARCH, Inc." Copy on file at the New Jersey State Historic Preservation Office.

15

i

L « K 11

M

g! I*

SOURCE: USGS QUADRANGLE MAP

I FRENCHTOWN, NJ i 7.5 MINUTE SERIES. REVISED 1995 g CONTOUR INTERVAL 20 FEET

is ai c I

NEW JERSEY 2000'

GRAPHIC SCALE

4000"

INTERNATIONAL PAPER COMPANY AND GEORGIA-PACIFIC CONSUMER PRODUCTS. LP

CURTIS SPECIALTY PAPERS SITE PHASE IA CULTURAL RESOURCES

INVESTIGATION REPORT

SITE LOCATION MAP

(a ARCADIS FIGURE

1