FINAL

ENGINEERING EVALUATION SAMPLING AND ANALYSIS PLAN CSX VICINITY PROPERTY

COLONIE FUSRAP SITE

27 June 2003

U.S. ARMY CORPS OF ENGINEERS DISTRICT OFFICE

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

200.1e Colonie 02.04 0017 IIIIIIIU! •11 OCL ^coS-cX. a

SECTION 1 - REQUEST FOR APPROVAL OF THE FOLLOWING ITEMS (This section will be initiated by the contractor) TO: Joseph Pierce FROM: Shaw/ IT Corporation CONTRACT NO. CHECK ONE: US Army Corps of Engineers, 1130 Central Avenue DACW41-01-D-0031 • THIS IS A NEW TRANSMITTAL 1130 Central Ave. Albany, N.Y. 12205 Task Order No. DA02 ^ THIS IS A RESUBMITTAL OF Albany, N.Y. 12205 518\482-0237 FAX 518\482-0343 No. 184

SPECIFICATION SEC. NO. (Cover only one section with each PROJECT TITLE AND LOCATION: Colonie FUSRAP Site, Colonie, N.Y. transmittal) ITEM DESCRIPTION OF ITEM SUBMITTED MFG OR CONTR. NO. CONTRACT REFERENCE FOR CONTRACTOR VARIATION FOR CE USE NO. (Type size, model number/etc.) CAT., CURVE OF DOCUMENT USE CODE (See DRAWING OR COPIES SPEC. DRAWING instruction CODE BROCHURE NO. PARA. NO. SHEET NO. No. 6) a. b. c. d. e. f. a- h. 1 (Final) Engineering Evaluation Sampling and 1 A Analysis Plan, CSXt Vicinity Property (June 27, 2003)

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1 certify that the above submitted items have been reviewed in detail and are correct and in strict conformance with the contract drawings and CC: specifications except as other wise stated. 2 copy James Moore NY District, Project Manager 3 copy Debra Ford Baltimore District, CENAB Scott Brock - CQC Systems Manager

Uc&Gt /££><-- 6/Jo/tf3 NAME AND SIGNATURE OF CONTRACTOR SECTION II - APPROVAL ACTION ENCLOSURES RETURNED (List by Item No.) NAME, TITLE AND SIGNATURE OF APPROVING AUTHORITY DATE

ENG FORM 4025, May 91 (ER 415-1-10) EDITION OF AUG 89 IS OBSOLETE SHEET L OFL (Proponent: CENMP-CE) Shaw Environmental, Inc. Colonie FUSRAP Site 1130/1118 Central Avenue Albany, NY 12205-3465 c 518-482-0237 O/Vr, FAX: 518-482-0343 Shaw Environment, Inc. Shaw Copy&S eD Memo

To: Joseph Pierce, USACE Project Engineer (2 Copies)

From: Anthony Sheeran, Shaw Project Manager

CC: James Moore, USACE Project Manager (1 Copy) Debra Ford, USACE Design Team Leader (3 copies) John Franz, Shaw Program Manager Kevin Dufek, Shaw Project Engineer (2 copies)

Date: 30 June 2003

Subject: Revised CSX Plan dated 27 June 03

law Environmental is pleased to submit the attached Final Engineering Evaluation Sampling & Analysis Plan, CSX Vicinity Property. This document has been revised pursuant to USACE's technical direction provided via email of 24 June 03, Shaw's proposed response to review comments provided via email on 25 June 03 and per our discussion of 26 June 03 authorizing resubmittal of the Plan. Electronic copies of the revised text were provided on 27 June 03.

The attached text and cover page should be inserted into the 3-ring binders submitted previously with revision 3 of the CSXt work plan. There were no changes made to any figures or appendices in this submittal.

Shaw is proceeding with the procurement required to support the geoprobe efforts. Mobilization and initiation of the fieldwork is dependant upon receipt of USACE's notice to proceed with this work plan, resolution of any outstanding USACE/CSXt access agreement issues and after providing the specified five workday advance notice to CSXt's Selkirk Rail Yard. Based on the above for planning purposes we are working with an early start date of 14 July 03.

As always, please do not hesitate to contact us with any questions or to discuss this important planning document. TABLE OF CONTENTS

Section Page

1.0 INTRODUCTION 1

2.0 BACKGROUND 1 2.1 CSX 1 2.2 HISTORICAL DATA 2 2.3 MAY 2003 CIVIL SURVEYING 2 2.4 CSX MAY 2003 DATA REVIEW 2

3.0 WORK PLAN ACTIVITIES 4 3.1 DATA QUALITY OBJECTIVES 4 3.1.1 Step One - State the Problem 4 3.1.2 Problem Description 4 3.1.3 Planning Team Members 5 3.1.4 Available Resources and Relevant Deadlines 5 3.2 STEP TWO-IDENTIFY THE DECISION 5 3.2.1 Principal Study Question 5 3.2.2 Alternative Actions 5 3.2.3 Decision Statement 6 3.3 STEP THREE-IDENTIFY INPUTS TO THE DECISION 6 3.3.1 Radionuclides Activity Concentrations 6 3.3.2 Petroleum Hydrocarbon Analyses 7 3.4 STEP FOUR - DEFINE THE STUDY BOUNDARIES 8 3.4.1 Population of Interest Defining Characteristics 8 3.4.2 Spatial Boundaries of the Decision Statement 8 3.4.3 Constraints on Data Collection 8 3.5 STEP FIVE - DEVELOP A DECISION RULE 8 3.6 STEP SIX - SPECIFY LIMITS ON DECISION ERRORS 9 3.7 STEP SEVEN - OPTIMIZE THE DESIGN FOR OBTAINING DATA 9

4.0 MARSSIM CLASSIFICATION & SURVEY LAY-OUT 9 4.1 SURVEY UNIT DELINEATION 10 4.2 RADIOLOGICAL SURVEY 10

5.0 SURFACE AND SUBSURFACE SOIL SAMPLING 11 5.1 PHYSICAL SAMPLE LOCATIONS 11

DACW41 -01 -D-0031 i Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final 5.2 SOIL SAMPLING RATIONALE FOR SURFICIAL SOIL SAMPLES 11 5.3 SAMPLE COLLECTION 11 5.3.1 Biased Sample Locations 12 5.3.2 Sample Identification/Labeling 13 5.3.3 Environmental Samples 13 5.3.4 Quality Assurance/Quality Control Samples 13 5.4 LNAPL SOIL SAMPLE COLLECTION 14 5.4.1 Soil Sampling Rationale forGeoprobe Samples 14 5.5 ULTRA-VIOLET FLUORESCENCE 15 5.6 SAMPLE CHAIN OF CUSTODY/ DOCUMENTATION 16 5.6.1 Sample Packaging and Shipping 16 5.6.2 Sample Documentation 17

5.6.3 Sample Labels ; 18 5.6.4 Sample Log Sheets 18 5.6.5 Sample Chain-of-Custody 18 5.6.6 Field Custody and Transfer Custody 19 5.6.7 Laboratory Custody Procedures 19 5.6.8 Corrections to Documentation 19 5.7 LABORATORY ANALYSIS 20 5.7.1 ON SITE Gamma Spec Analysis 20 5.7.2 OFF SITE ANALYSIS 20

6.0 HEALTH & SAFETY 20 6.1 VISITORS 22 6.2 PERSONNEL DECONTAMINATION 22 6.3 EQUIPMENT DECONTAMINATION PROCEDURES 23 6.3.1 Heavy Equipment 23 6.4 EMERGENCY RESPONSE PLAN 23

7.0 QUAILTY CONTROL AND QUALITY ASSURANCE 25 7.1 INSPECTION PHASES 25 7.1.1 Preparatory Phase Inspection 25 7.1.2 Initial Phase Inspection 26 7.1.3 Follow-up Phase Inspection 27 7.1.4 Additional Quality Control Procedures 27 7.2 USACE QUALITY ASSURANCE EFFORTS 28 7.3 DATA REVIEW 28

8.0 DATA SUMMARY REPORT 29

DACW41-01-D-0031 ii Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final 9.0 SCHEDULE 29

10.0 REFERENCES 30

DACW41-01-D-0031 iii Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final LIST OF FIGURES

Figure

1. Colonie FUSRAP Site General Location Map 2. 5/2003 CSX Vicinity Property Map Outline Map 3. 4/1992 DOE Vicinity Property Map 4. 5/2003 CSX Vicinity Property FIDLER Walkover Survey Map 5. Proposed CSX Survey Unit Outline Map 6. Proposed Sampling Locations for CSX Class 2 West Survey Unit 7. Proposed Sampling Locations for CSX Class 2 East Survey Unit 8. Proposed Sampling Locations for CSX Class 1 Unit 1 9. Proposed Sampling Locations for CSX Class 1 Unit 2 10. Proposed Sampling Locations for CSX Class 1 Unit 3 11. Proposed Sampling Locations for CSX Class 1 Unit 4 12. Proposed Sampling Locations for CSX Class 1 Unit 5 13. Proposed Sampling Locations for LNAPL DPT Investigation 14. Sampling and Analysis Summary Table 15. Contact Information for Emergency Responses (Table 8-1 from the May 02 HASP) 16. Route Map to nearest Emergency Medical Services (Figure 4 from the May 02 HASP) 17. Schedule

DACW41-01-D-0031 iv Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final LIST OF APPENDICES

Appendix

A Oak Ridge National Laboratories February 1988 Report: Results of the Radiological Survey at the Conrail Property South of the Colonie Site, Albany, NY (AL 141) B Bechtel Interoffice Memo (December 4, 1997) Colonie Interim Storage Site Conrail Vicinity Property Data Summary. C CSX/USACE Site Access Agreement D Shaw Environmental (Shaw) Track Lease Agreement with CSXt E Shaw Memorandum Dated 21 May 2003" CSX VP Survey Unit Data Submittal F Table of Contents pages from the following Approved Colonie FUSRAP Site Work Plans: Site Operations Plan (August 2002) Site Health, Safety and Emergency Response Plan (May 02) Site Sampling and Analysis Plan (August 2002) Site Final Status Surveying Plan (August 2002) Site Quality Control Plan (April 2002)

DACW41 -01 -D-0031 v Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final LIST OF ACRONYMS

AEC Atomic Energy Commission ALARA As Low As Reasonably Achievable CISS Colonie Interim Storage Site CFR Code of Federal Regulations m3 cubic meters CMB Chemical Management Building COC Contaminants of concern Conrail Consolidated Rail Corporation cpm counts per minute CQC Construction Quality Control CQCP Construction Quality Control Plan CSX Consolidated Rail Transportation Corporation CY CalendarYear yd3 cubic yards DA Designated Area DNAPL Dense Non-Aqueous Phase Liquid DOE Department of Energy DPT Direct Push Technology DQO Data Quality Objective DRO Diesel Range Organics EE/CA Engineering Evaluation and Cost Analysis FID Flame Ionization Detector FIDLER Field Instrument for Detecting Low Energy Radioactivity FSSP Final Status Survey Plan FUSRAP Formerly Utilized Site Remedial Action Program FY Fiscal Year HASP Health and Safety and Emergency Response Plan HAZWOPER.. Hazardous Waste Operations and Response HPGe High Purity Germanium Gamma Spectrometry Detector HQ Headquarters LCYD Loose Cubic Yard LDR Land Disposal Restrictions MARSSIM Multi-Agency Radiation Survey and Site Investigation Manual LNAPL Light Non-Aqueous Phase Liquid mg/L milligrams per liter Mg/Kg Milligrams per Kilogram m2 square meters NAB ARMY Corp of Engineers, North Atlantic Division, Baltimore District NAN ARMY Corp of Engineers North Atlantic Division, New York District NiMo Niagara Mohawk Power Corp. NL National Lead Industries NRC Nuclear Regulatory Commission NYSDEC New York State Department of Environmental Conservation NYSDOH New York State Department of transportation NYSDOH New York State Department of Health ORNL Oak Ridge National Laboratory OSHA Occupational Safety and Health Administration PA/SI Preliminary Assessment/Site Inspection

DACW41-01-D-0031 vi Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final pCi picoCuries PCE tetrachloroethene (also known as perchloroethene) PID Photoionization Detector PPE Personnel Protective Equipment QC Quality Control QCP Quality Control Plan RCRA Resource Conservation Recovery Act SAP Sampling and Analysis Plan SOP Standard Operating Procedure SPDES State Pollution Discharge Elimination System SVOC Semi-Volatile Organic Compounds TCE trichloroethene TCL Target Compound List TCLP Toxicity Characteristic Leaching Procedure TERC Total Environmental Restoration Contract Th Thorium TIC Tentatively Identified Compounds TPH Total Petroleum Hydrocarbons U Uranium USACE United States Army Corps of Engineers USEPA United States Environmental Protection Agency UVF Ultraviolet Fluorescence VOC Volatile Organic Compound VP Vicinity Property WAC Waste Acceptance Criteria XRF X-Ray Fluorescence Spectroscopy 1,2-DCE 1,2-dichloroethene

DACW41-01-D-0031 vii Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final 1.0 INTRODUCTION The United States Army Corps of Engineers (USACE) has contracted Shaw Environmental, Inc. to complete remedial work at the Colonie FUSRAP project site. This work is being accomplished in accordance with USACE's Final Action Memorandum (December 2001). Detailed descriptions of the remedial plan, and essential historical information about the Colonie Site, can be found in USACE's Technical Memorandum (June 2001). Additional information can be obtained from the various approved Site Plans (Operations Plan, Sampling and Analysis Plan, Quality Control Plan, Final Status Survey Plan and Health and Safety Plan).

The Colonie FUSRAP site is associated with a parcel of land known historically as the Conrail Vicinity Property. The Colonie FUSRAP Site is located at 1130 Central Avenue, in the Town of Colonie, Albany County NY. The general location of the Colonie FUSRAP project site is shown in Figure 1. The Conrail/CSX Vicinity Property, as it existed in the past, is generally as shown in Figure 2. Several of the rail lines shown on the figure were removed over time by others.

The Conrail/CSX Vicinity Property is located due south and adjacent to the Colonie Site. In the June 2001 Technical Memorandum for the Colonie FUSRAP Site, the Conrail property was defined as a Vicinity Property under the Formerly Utilized Sites Remedial Action Program (FUSRAP) guidance. This vicinity property (VP) is more accurately described in the Department of Energy's "Conrail Vicinity Property Data Summary" (December 1997) and the Oak Ridge National Laboratory's (ORNL) "Results of the radiological survey at the Conrail property south of the Colonie Site", (February 1988). The ORNL's 1988 radiological survey report is included in Appendix A. The 1997 Bechtel data summary report is included in Appendix B.

Based on the information presented in those historical DOE documents, DOE determined that the Conrail Vicinity property has been impacted by airborne releases from the former National Lead industrial processes conducted at the Colonie FUSRAP site. The subject property, known as the Conrail Vicinity Property in prior Department of Energy efforts, will be referred to as the CSX property in all future references. USACE has contracted with Shaw Environmental to prepare work plans and sample the CSX Vicinity Property in order to determine the extent of radiological impacts from past NL Industries operations.

Additionally, a geoprobe based investigation of potential petroleum hydrocarbon based LNAPL contamination will be conducted in a limited area of the CSX VP and the main site that is adjacent to the location of former monitoring well 19S where historical LNAPL has been encountered. This work is intended to locate the extent of the contamination and define the contamination levels once the extent is determined.

2.0 BACKGROUND

2.1 CSX A general work activity plan was prepared in February 2000 and was utilized to secure access agreements between the property owner (CSX) and USACE. This agreement is contained in Appendix C. Esther Chalom, Esq., issued this Access Agreement/Right of entry from CSX on July 6, 2000. Additional access is in place through the Shaw CSX lease agreement governing work on the North side of the CSX property to support the loading of soil for shipment by rail. Appendix D contains a copy of the Shaw/CSX lease agreement. Site crews have worked within the leased area for over 4 years to successfully load out more than 100,000 tons of waste materials generated during the ongoing soil removal work on the main site.

DACW41 -01 -D-0031 1 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final Shaw site personnel have performed work safely around and on the CSX Vicinity Property. This work includes, but is not limited to the daily use of the site crane to load and unload rail cars, movement of rail cars, installation and removal of rail stops and the use of rail spurs. During the performance of the VP site investigation work, personnel will need to work in close proximity of the high-speed rail. In compliance with the USACE/CSX access agreement, all work on the VP will be closely coordinated with appropriate CSX personnel. All work performed within 15 feet of the high speed rail will include a flagman provided by CSX.

Per the USACE/CSX Site Access Agreement, Shaw will notify CSX's local Railroad Division Engineer (Mr. D. J. Evers, One Bell Crossing Road, Selkirk, NY 12158, 518-767-6888) and CSXt's Environmental Remediation Division (Mr. Paul J. Kurzanski, 500 Water Street, J275, Jacksonville, FL 32202, (904) 359-3101) at least (5) days before proceeding with any phase of work on the property, and shall abide by all instructions of said Division Engineer concerning the safety of the Railroad or any parties on the property as well as CSX Transportation- Environmental Department safety rules and procedures.

2.2 HISTORICAL DATA Acting under contract with DOE, Oak Ridge National Laboratory originally conducted a radiological survey of the CSX Vicinity Property in 1988 (See Appendix A). The assessment of these efforts is that the CSX VP is impacted with radiological contaminates from airborne releases associated with the former National Lead Industries operations as provided in a Bechtel memorandum dated December 4, 1997, from Mr. Nakasaki to Mr. Amrit, both of BNI. Figure 3 is an excerpt from the DOE reports and presents a pictorial view of the radiological levels encountered during the past survey work. No evidence is available concerning any non- radiological surveying or sampling work on the VP conducted by DOE, the property owner or by the State of New York regulators.

2.3 MAY 2003 CIVIL SURVEYING In order to accurately present new data and to confirm or validate existing data, formal civil surveying on the CSX VP was authorized and conducted during May 2003. A baseline or centerline was established over the entire parcel along with the delineation of property boundaries, utilities, and benchmarks for accurate mapping of future and historical data points. The resultant CSX Vicinity Property boundary map prepared by CT Male Associates, licensed New York State Land Surveyors, is included as an attachment to Shaw Environmental, Inc.'s 21 May 2003 submittal to USACE.(Appendix E) This map will be updated as the work progresses. All future sampling efforts conducted as part of this work plan will be referenced to this baseline and tied to the main site control grid.

2.4 CSX MAY 2003 DATA REVIEW In May 2003, USACE directed Shaw Environmental, Inc. to conduct a gamma walkover survey of the CSX vicinity property. The objective of the survey was to verify the DOE survey results and assist in the development of a sampling approach for these efforts. The memorandum report documenting the results is included in Appendix E. The walkover map depicting the survey results is included as Figure 4. Over the period of 28 April through 19 May 2003, Environmental Dimensions, Inc. personnel intermittently conducted field surveys of the area in accordance with the 31 March 2003 proposal and per the Notice to Proceed received from both USACE and the property owner. CSX observed the work on several days via the service of an outside consultant Arcadis, Geragthy & Miller.

DACW41-01-D-0031 2 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final The data table that presents the FIDLER field survey data from the CSX VP is 1,593 pages long and contains 82,777 data points/survey readings. The maximum level observed was 115,783 counts. A total of 13,693 data points above the correlation level of 13,001 cpm (equivalent to approximately 35 pCi/gm depleted uranium using the Colonie Site correlation curve) were documented (approximately 16.5% of all data). The average reading for the entire data set was 10,467 cpm and the median level was 9,896 cpm with a standard deviation of 4,243 cpm. A total of 2,295 data points (2.78% of all data) were documented with cpm readings above 17,900 cpm (equivalent to approximately 100 pCi/gm depleted uranium using the Colonie Site correlation curve).

As shown in Figure 5, the one-way gamma survey data has been plotted using the Colonie Site correlation data for our main site clean-up level of 35 pCi/gm Uranium. Additional colors were plotted on a second map to allow a visual representation of the range of data levels above the main site's specified clean-up levels. It is important to note that the Vicinity Property was not delineated into separate survey units but was instead treated as a single 6.5-acre survey unit. Lastly, full coverage of the vicinity property was not possible due to the various physical impediments such as steep slopes, vegetative growth larger than 3-4 inches in diameter that was not removed and the encroached building materials from Grimm's Building supplies that are present within CSX property boundary.

With respect to the May 2003 survey data and data plots, the area which appears elevated in the western end of the vicinity property is the backfill haul road. The material used in this roadway construction has been sampled and analyzed with the on-site HPGe. The data from four grab samples of the roadway stone showed slight levels of radioactive isotopes (naturally occurring Th-232 based on the on-site analysis) in the crushed stone. The levels encountered are slightly elevated in comparison to the background Thorium levels associated with the 24 July 2002 Background Final Status Survey soil sampling conducted at the Latham HQ of the New York State Division of Military & Naval Affairs. Offsite radiological analysis of the haul road stone confirmed onsite laboratory results with respect to Thorium and, in addition, indicated the presence of Potassium (K-40) at 29.7 pCi/g.

Troy Sand and Gravel, Inc. supplied the roadway stone material. Troy Sand and Gravel is both an approved construction materials source for the New York State Department of Transportation (Approval Number 1-41R, Test Number 00-AR--1) and a New York State Department of Environmental Conservation Permitted borrow source (Permit Number 4-3840-00008/00001-0).

The majority of the Vicinity Property contamination is located in the central portion of the property, between the high speed and low speed tracks, centered at the North 1300, East 1500- 1600. This corresponds to the DOE's Oak Ridge National Laboratories findings from their May 1986 surveying efforts as reported in their document entitled " Results of Radiological Surveying At Conrail Property South of the Colonie Site (ORNL Report RASA 88/12 (AL141) issued February 1988). There are additional areas with elevated readings as can be seen on the data plots/maps. Elevated readings exist immediately south of the site fence in two areas, both of which correspond to the locations where former rail tracks serviced the main NL Industries site in the past. This data is supported by the fact that previous excavation in FSS Unit 107 (portions of which encompass the CSX property located inside the perimeter fence) resulted in excavation to depths of approximately 5-7 along the fenceline. The excavation depth was based on both the radiological and metals clean-up criteria for the site. Soils impacted with metals contamination typically underlie the radiologically impacted soils. The data shows that the vast majority of the contamination is on the north side of the high-speed tracks.

DACW41-01-D-0031 3 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final Given the survey data discussed above and with Figure 4 and the Multi-Agency Radiation Survey and Site Investigation Manual ( MARSSIM, USEPA December 1997) as guidance documents, the CSX VP was determined to contain both Class 1 and Class 2 survey units. See Section 4 below for additional discussion of the survey unit delineation and lay-out work efforts.

3.0 WORK PLAN ACTIVITIES The following general activities on the CSX vicinity property remain to be planned and executed as part of this Site investigation:

• Completion of various planning, management and coordination activities (including this work plan)

• Radiological surface and subsurface soil sampling

• Delineation (both onsite and in the CSX VP) of the suspected light, non-aqueous phase liquid (LNAPL) associated with former well 19S

• Chemical surface and subsurface sampling to support potential future actions (waste classification and health and safety requirements)

• Data Assessment Report

3.1 DATA QUALITY OBJECTIVES Data Quality Objectives (DQOs) are qualitative and quantitative statements that are developed to define the purpose of the data collection effort, clarify what the data should represent to satisfy this purpose, and specify the performance requirements for the quality of information to be obtained from the data. These outputs are used to develop a data collection design that meets all performance criteria and other design requirements and constraints. US Environmental Protection Agency (USEPA) has developed a seven-step process to develop DQOs. During this process it is important to note that the work attempts to fully define the extent of radiological contamination, to provide feasibility study or design level data/requirements, and provide for any risk assessment associated with the data obtained.

3.1.1 Step One - State the Problem

3.1.2 Problem Description Within the DQO process as it applies to this work/workplan, a prospective problem of the CSX Vicinity Propertyis the potential for presence of residual radioactive material and total petroleum hydrocarbons (TPH) associated with past operations of the former NL Industries Site.

The objective of the field effort is to provide sufficient information to:

1. Define the nature and extent of radiological contamination in Class 1 survey units to support development and evaluation of appropriate removal action alternatives;

2. Obtain radiological data of sufficient quality and quantity to support the release of Class 2 areas;

DACW41-01-D-0031 4 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final 3. Obtain direct push soil samples to define the nature and extent of TPH diesel range organics (DRO) LNAPL associated with former well 19S; and

4. Obtain chemical data to support health and safety/waste characterization for any future removal action.

3.1.3 Planning Team Members Shaw Environmental, Inc. is performing this work under contract with the US Army Corps of Engineers (USACE) New York District (CENAN) who is responsible for execution of the work. Baltimore District is responsible for the design and technical oversight of the work. Shaw's subcontractor team members included civil surveying support (CT Male Associates), radiological controls/health physics support (Environmental Dimension, Inc), laboratory services (Southwest Laboratories of Oklahoma, Inc) and geoprobe support (SJB Services, Inc). All these subcontractors are members of the main Colonie FUSRAP site soil removal team and as such are already familiar with the Quality Control processes and procedures that will be implemented during the CSX work. The New York State Department's of Environmental Conservation (NYSDEC) and Health (NYSDOH) are stakeholders by virtue of their position with respect to the main FUSRAP site. Other significant stakeholders include the property owner, CSX, the City of Albany, Albany County, as well as the many local residences and businesses borderingthe CSX Vicinity Property.

3.1.4 Available Resources and Relevant Deadlines Sufficient resources are available through the combined staff of USACE, Shaw Environmental, Inc., and sub-contractors to perform and complete the work required to achieve the objectives of the project. Deadlines applicable to this study are driven by socio-economic, political, weather- related, and environmental factors. One of the project goals is to provide sufficient data to allow a decision document to be prepared that would allow for execution of a soil removal operation, if required within Fiscal Year 2004 (FY04). Due to these factors, it is desirable to complete this investigation and the associated reporting as soon as feasible.

3.2 STEP TWO - IDENTIFY THE DECISION

3.2.1 Principal Study Question What is the nature and extent of residual radioactive material and petroleum hydrocarbon contaminants in surface and shallow subsurface on the CSX Vicinity Property and the nature and extent of petroleum hydrocarbon contaminants within the Colonie site?

3.2.2 Alternative Actions The following alternative actions could result from resolution of the principal study question for this investigation:

• Recommend that additional investigations of surface and near-surface soils are not necessary and that excavation within Class 1 areas may proceed;

• Recommend that additional investigations of surface and near-surface soil are necessary in some or all portions of the Class 2 areas ;

DACW41-01-D-0031 5 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final • Recommend that no further action is required and the VP be released from FUSRAP; and/or

• Recommend that a possible response action be considered.

3.2.3 Decision Statement Based on the alternative actions listed above, the decision statement for this investigation is:

Determine whether radionuclides and petroleum hydrocarbon concentrations in soils exceed background levels and require further investigation or a response action, or recommend that no further investigation of these media is necessary.

3.3 STEP THREE - IDENTIFY INPUTS TO THE DECISION Radionuclides and petroleum hydrocarbon concentrations in surface and near-surface soils are the necessary inputs to the decision. Thus, radionuclides and petroleum hydrocarbon concentrations in the CSX VP soils need to be quantified as well as the petroleum hydrocarbon concentrations on the main Colonie Site. Based on previous investigations, radionuclides of concern include thorium (Th-232) and depleted uranium (U-238). Based on historical data from the Colonie FUSRAP Site, petroleum hydrocarbons in the form of Diesel Range Organics (TPH- DRO) in non-aqueous phase concentrations have been present in the vicinity of former Well 19S.

The following field activities will be performed to gather data.

3.3.1 Radionuclides Activity Concentrations • Gross gamma surveys have already been performed to identify areas of elevated radioactivity to support biased and MARSSIMS based sampling. Scan sensitivities for this technique are based on reasonable assumptions and on the four years of real time survey data collected in support of the soil removal actions underway at the main Colonie FUSRAP Site. See Appendix E for the Gamma Survey Results Memorandum and statistical assessment of the data and Figure 4 for the colorimetric plot of the May 2003 survey data against the Main Site correlation level of 35 pCi/gm & 13,001 FIDLER counts per minute (cpm). Also see the Main Site Final Status Survey Plan for the Correlation Study data.

• Systematic sampling locations will be obtained from MARSSIM designed Class 1 and Class 2 survey units. Exact number of samples is defined per MARSSIMS procedures. Class 2 samples will be surface/near surface with the biased sample locations in the Class 2 Units obtained by direct push to a depth of 4 feet and Class 1 samples will be obtained via direct push methods.

• The May 2003 direct radiation measurements performed with FIDLER will be used to select two biased sample locations within the Class 2 units. These locations will be sampled via direct push technology, geoprobe, for surficial and subsurface soil radioactivity levels within each survey unit.

• In addition to the biased samples in the Class 2 Units, one additional biased sample will be taken from Class 1 Unit 1. The biased sample location is located between the

DACW41-01-D-0031 6 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final elevated samples on the south side of the high speed tracks from the 1992 Bechtel report. This location will be sampled via direct push technology, geoprobe, for surficial and subsurface soil radioactivity levels.

• All Class 1 samples will be obtained via direct push technology or equivalent to assess radioactivity levels. It is not anticipated that the depths will exceed eight feet. Cores will be scanned with a pancake probe and probe readings will determine the depth and number of samples from each direct push core location. Two to three samples will be obtained from each of the sampling locations in the Class 1 Units. The surficial sample (0 to 6-inches), the six inches with the highest readings utilizing the pancake probe, and the bottom 6-inches where the pancake probe readings are less than one and a half times background to verify the vertical extents of the contamination. If no pancake probe readings are greater than one and a half times background then the last two samples noted above will become the same sample.

• Bias discrete samples will be collected from the six inch section of the core with the highest readings from the pancake probe (typical maximum depth of eight (8) feet).

• On-site gamma spectroscopy using a High Purity Germanium (HPGe) detector will be used to analyze all soil samples obtained from Class 1 and Class 2 survey units. This onsite data is required to obtain radiological data to support sample shipping and to support assessing radioactivity levels within the Class 1 units and to ensure that the 5% of the Class 1 unit samples sent for off-site alpha spectroscopy actually contain radioactive material. Onsite HPGe detection sensitivity for the Th-232 is approximately 0.2 pCi/gram and the U-238 detection sensitivity is approximately 1.0 pCi/gram.

• The off-site contract laboratory will be used to analyze all Class 2 samples and discrete select soil samples (5%) collected from each Class 1 survey unit for radiological investigation by alpha spectroscopy (EPA Method 901.1) to identify/quantify Th-232, U-238, and other gamma emitting radionuclides. Detection sensitivities for the thorium series (Th-232 via Ac-228) are approximately 0.2 pCi/gram. The U-238 detection sensitivity is approximately 1.0 pCi/gram.

• On-site gamma spectroscopy will be used to generate required radiological data to support sample shipping and to ensure samples sent for alpha spectroscopy actually contain radioactive material.

• The off-site contract laboratory will analyze all soil samples collected from each Class 2 survey unit for radiological investigation by alpha spectroscopy (EPA Method 901.1) to identify/quantify Th-232, U-238, and other gamma emitting radionuclides. Detection sensitivities the thorium series (Th-232 via Ac-228) are approximately 0.2 pCi/gram. The U-238 detection sensitivity is approximately 1.0 pCi/gram.

3.3.2 Petroleum Hydrocarbon Analyses

• Surficial and shallow subsurface soils samples will be screened by visual observation, odor, and measurements with a photoionization detector (PID), FIDLER and a UV Lamp and test kit to assist the team in biasing at depth sample locations.

DACW41-01-D-0031 7 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final • The contract laboratory will analyze discrete soils samples (approximately 15 samples from the 25 locations) collected for petroleum hydrocarbon analyses (TPH-DRO), UVF, TCL SVOC, TCL VOC, and to identify TICs

3.4 STEP FOUR - DEFINE THE STUDY BOUNDARIES

3.4.1 Population of Interest Defining Characteristics The population of interest is surface and shallow sub-surface soils that may have been contaminated with radioactive materials released from the former NL plant and petroleum hydrocarbon contaminants in the area of former well 19S. The population is defined as the CSX VP as delineated in past DOE surveying efforts and shown in Figures 2 through 4. The population for the TPH related effort is defined as the vertical and horizontal extents in the area of Well 19S as shown in Figure 13.

3.4.2 Spatial Boundaries of the Decision Statement The population of interest for this study is horizontally limited to the CSX VP area as shown in Figure 2 and around Well 19S on the main Colonie Site for the TPH related issues. The population for radioactive materials is vertically limited to the approximately eight (8) feet below the surface (estimated maximum sampling depth). The population of the TPH related issues are vertically limited to an estimated maximum of 25 feet. Both depths can be greater based on field screening as the work progresses.

3.4.3 Constraints on Data Collection Data collection activities can be constrained due to adverse weather conditions, project master schedule and the presence of obstacles. Potential obstacles include debris on the surface, steep side slopes, dense vegetation, rail ties, switches and rail lines and materials within the soils (i.e., materials that cause refusal during coring). Presence of active rail lines and ongoing soil load-out activities will constrain discrete sample locations. When such occurrences arise, the sample locations will be adjusted as necessary to avoid the obstacle/safety issue. The actual sample locations will be subjected to civil surveying and the final reports annotated to reflect the change in position (if any) due to a safety issue or physical obstacle.

3.5 STEP FIVE - DEVELOP A DECISION RULE The intent of this effort is to identify soils where radionuclide concentrations exceed background and where petroleum hydrocarbon concentrations exceed applicable standards. Data collected as described in the Main Colonie FUSRAP Site Sampling and Analysis Plan (SAP) will be evaluated to determine the need for additional actions. Radiological data from the scanning survey already performed was used to delineate the Vicinity Property into MARSSIMs classified areas which will be subjected to soil sampling activities. Results from radiological laboratory analyses will be compared to radionuclide concentration values from a previously developed background survey unit associated with the main soil removal work at the Colonie FUSRAP Site. Results of samples taken for evaluation of petroleum hydrocarbons will be compared to the existing data from the LNAPL removed from former well 19S and with applicable NYSDEC criteria to determine the need for additional investigation and or remedial action.

DACW41-01-D-0031 8 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final 3.6 STEP SIX - SPECIFY LIMITS ON DECISION ERRORS The quality applicable to contract laboratory data generated during this effort is categorized as definitive data. Definitive data are generated using rigorous analytical methods such as approved USEPA reference methods. Data are analyte-specific and both identification and quantification are confirmed. These methods have standardized quality control and documentation requirements. Definitive data are not restricted in their use unless quality problems require data qualification. Specific quality control procedures to define the acceptable range of precision, accuracy, and representation are presented in other sections of this QAPP. Data from Class 2 survey units will be validated and will be flagged or rejected if the requirements are not adequately fulfilled. Data from Class 1 survey units will not be validated beyond a review of the Laboratory Case Narratives and lab QA efforts.

As the gross gamma data collected will be used in a qualitative manner, decision errors do not apply to data itself. It is essential, however, that the data collection system receives appropriate levels of quality control and quality assurance oversight. For example, a data collection system that improperly identifies elevated radiation levels may cause the scope of subsequent investigations to be needlessly expanded. Conversely, a system that fails to identify elevated readings may cause inadequate coverage in subsequent surveys. Provisions to minimize these errors are included in the main site planning documents (SAP, HASP and CQCP) as well as in the Army's Quality Assurance Plan for the Colonie FUSRAP Site.

3.7 STEP SEVEN - OPTIMIZE THE DESIGN FOR OBTAINING DATA To the extent practical, the design for collecting data has been optimized to achieve the stated DQOs. The scope of work and data collection process has been designed to provide some level of real time data during implementation of field activities. This data will be used to modify and expand the scope of field activities, if necessary, to ensure the DQOs are met.

4.0 MARSSIM CLASSIFICATION & SURVEY LAY-OUT The radiological survey work on the CSX VP will be conducted in general accordance with the Main FUSRAP Site's Final Status Survey Plan (Shaw, 2002) and will follow the Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIMs, USEPA, 1997) guidelines.

MARSSIM defines three classes of radiological survey units: 1, 2, and 3. Based on both DOE's past efforts and the more recent gamma survey work completed by USACE, the CSX Property contains both Class 1 areas and Class 2 areas. Accordingly, the MARRSIMS Survey Units to be established on the CSX VP will vary in size from a maximum of 2,000 sq meters for Class 1 units to a maximum of 10,000 sq meters allowed for Class 2 units. Smaller units and/or oddly shaped units may be required due to limitations associated with the site physical conditions, infrastructure, and property lines. The total number of MARRSSIM Survey Units established on the VP is a function of the size and shape of the CSX Property.

Figure 5 presents the CSX VP Survey Unit Outline Map and breaks out the Class 1 and Class 2 survey units proposed for the CSX VP. The Class 1 units are located where available gamma survey data identifies areas of significant activity and the Class 2 areas are located at the far eastern and western portions of the parcel. Theses Class 2 areas are areas where available data does not show potential for radioactive material above the main Colonie Site cleanup criteria. For a more detailed discussion of the MARRSSIMS process, rational and survey unit classifications please see the USEPA's 1997 MARSSIM document. All MARSSIMs efforts conducted on the CSX VP will be consistent with the USACE's Final Status Survey (FSS) Plan

DACW41-01-D-0031 9 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final for the main FUSRAP Site. Please see the FSS plan for a detailed discussion of the FSS Unit processes.

4.1 SURVEY UNIT DELINEATION The MARSSIM survey unit lay-out process is based on the maximum size for each unit classification. Class 1 units will be approximately 2,000 sq meters and Class 2 units will be less than 10,000 sq meters. Various physical parameters in the field and over-all parcel dimensions may affect the final sizes of the survey units. Figures 6 through 12 present the individual survey units that have been delineated on the CSX VP. There are a total of five Class 1 units and a total of two Class 2 units included in the CSX VP.

4.2 RADIOLOGICAL SURVEY Surface soil radiological surveys will typically involve 100% coverage of accessible and level areas within each survey unit. This is accomplished using a crosswalk approach where the survey unit is walked in a north-south direction followed by a complete walk in the east-west direction. This process minimizes the probability of an area of significant size being missed in the crosswalk survey. During the May 2003 Survey effort, surveying did not occur in the areas between the steel rails on the high-speed track, in areas where the steep slopes existed or in areas where dense mature vegetation existed These constraints resulted in the loss of coverage for portions of the property as can be seen as the "white" areas on Figure 4. This loss of data is insufficient to warrant the health risks associated with prolonged work inside the rails or the time and expense to clear-cut the 6.5 acre CSX VP. All initial radiological crosswalk efforts were conducted in general accordance with the main Colonie FUSRAP site's approved Final Status Survey Plan and the Site Operations Plan (August 2002).

Field scanning was performed using a calibrated FIDLER gamma scintillation detector with a single channel sealer/rate meter. The FIDLER was combined with a Global Positioning System (GPS) and a data logging instrument which marries the FIDLER reading with the GPS position data every two (2) seconds.

Use of the data logger allows the survey data to be downloaded into ArcView GIS software and color metrically presented on the individual survey unit maps, and in a manner similar to that shown in Figure 4 for the entire VP. Copies of each survey unit walkover map will be provided to USACE for quality control purposes to ensure that sufficient coverage of the individual unit is obtained prior to initiation of the sample selection process and subsequent physical soil sampling per Section 5 of this work plan.

The resultant radiological walkover data and GPS location data will be downloaded into the ArcView GIS plotting program to provide a graphic description of the crosswalk survey efforts. FIDLER readings that are below the conservative correlation value of 13,001 cpm are plotted as green dots on the survey map. Readings between 13,001 and 33,400 cpm are plotted as yellow dots on the survey map, indicating levels greater than 35 pCi/gm in excess of background and less than 167 pCi/gm. Readings over 33,401 cpm are plotted as red dots, indicating levels greater than 167 pCi/gm. These levels correspond directly with limits for the various waste disposal sites currently authorized by USACE for disposal of Colonie materials.

The walkover data and the data plots associated with the May 2003 initial gamma walk-over efforts are included in appendix E of this work plan. For additional information and details on the FIDLER to Analytical Data correlation studies please see Appendix A of the main site FSS Plan.

DACW41-01-D-0031 10 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final 5.0 SURFACE AND SUBSURFACE SOIL SAMPLING

5.1 PHYSICAL SAMPLE LOCATIONS The physical sample locations within each survey unit were laid out using a triangular grid. The distance between survey locations (L) will be determined as detailed in MARSSIM section 5.5.2.5, knowing the actual area of the survey unit and the number of samples. The distance between rows of survey points will be calculated. For example, with a 2,000 sq. meter area and 9 samples, the distance will be the square root of the product of the area divided by 0.866 times the number of samples. The layout of the final status survey sample locations is determined utilizing a random starting point as per MARSSIM, and laid out in a triangular pattern with each sample location being "L" distance away from the previous location. Therefore, the exact sample locations will be dependent on the random starting locations. If the location of the 9 samples do not all fall within the boundaries of a sampling unit then additional randomly selected locations within the sample unit will be determined such that a minimum of 9 samples are collected within each survey unit. All FSS samples were located per MARSSIMS section 5.5.2.5. Figure 6 through 12 present the proposed surficial sampling locations in each CSX survey unit.

5.2 SOIL SAMPLING RATIONALE FOR SURFICIAL SOIL SAMPLES Surface and near-surface soil samples will be obtained to delineate the extent of radiological contamination present within the CSX VP. Soil sampling will occur only after acceptance of the survey unit delineation and field gamma survey data. Soil sample locations were selected in accordance with the procedures presented in Section 3.1 of the approved Final status Survey Plan (August 2002). Data Quality objectives are as presented above and are consistent with Section 3.1 of the FSSP, Section 6.0 of MARSSIM and Section 3.3 of the approved Sampling and Analysis Plan (August 2002).

The final selection of the biased sample locations will be in conjunction with USACE concurrence. Shaw Environmental expects to generate approximately 200 discrete soil samples, based on an estimated 10 surficial sample locations for each Class 2 unit and 10 subsurface sample locations for each Class 1 unit per MARSSIMS (three samples per location: surface, bottom and highest subsurface reading obtained), 2 biased subsurface locations for each Class 2 unit (three samples per location: surface, bottom and highest subsurface reading obtained) and 1 biased subsurface sample location in Class 1 East Unit(three samples per location: surface, bottom and highest subsurface reading obtained).

All sampling efforts will be in accordance with the established Colonie Final Status Survey Plan (section 3), Sampling and Analysis Plan (Section 2) and the Quality Assurance procedures established by Southwest Laboratories (the firm subcontracted for analytical services). All non- dedicated sampling equipment utilized will be decontaminated between samples per the requirements presented in Section 3 of the SAP.

5.3 SAMPLE COLLECTION Surface and subsurface soil samples will be collected at the specified sample locations in each respective survey unit. Each FSS sampling event will be discussed and scheduled in advance of the actual sampling at the weekly project progress meeting to allow USACE and/or others to make necessary arrangements to observe and/or to identify the desire for spilt samples. At each physical sample location, fields scan using the appropriate field instrument (FIDLER, 2 by 2 or both) will be performed immediately prior to sample collection so that the current correlation

DACW41 -01 -D-0031 11 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final between field scans and laboratory analytical data can be updated. This field scan will consist of a one (1) minute duration count reading at each of the physical soil sample locations.

Surficial samples will generally be described as right circular cones of approximately 6 inch diameter by 6 inch deep plug from each location. Samples will be placed in a clean aluminum tray and homogenized to the extent practicable. Once the sample has been mixed, an approximate 500 gram sample will be collected. Each sample will be identified with a unique sample ID number per Section 5.3.3 of this plan and in general accordance with Shaw's Sampling and Analysis Plan (SAP, August 2002). Full details on sample numbering, documentation, custody, and shipping can be found in Sections 5.5 and 5.6 of this workplan. Quality control measures associated with these efforts are conducted as described in Shaw Contractor Quality Control Plan (CQCP, April 2002).

Subsurface samples will be collected utilizing direct push technology with a 4 foot long 2 inch diameter sampler with acetate liners. Samples will be placed on a work bench and the acetate liner/sample cut in half and laid open for radiological scanning. Radiological scanning will be performed with the 2221 rate/sealer meter with the 44-9 pancake probe on the lower 1 foot of the sample to determine if a deeper sample, 4 foot to 8 foot depth, is required. If the scanning indicates less than one and a half times background then the deeper sample will not be required. Based on site experience, the background readings will be approximately 50 to 100 counts per minute and twice background is approximately equivalent to our site cleanup criteria of 35 pCi/g. After the decision is made to continue with the sampling at this location or to move the geoprobe rig to the next location the entire sample will be scanned every 6 inches and the scan results will be recorded on the boring log sheet. The 6-inch section of sample with the highest counts per minute will be collected for onsite analysis (Class 1 samples) or offsite analysis (Class 2 samples). Each sample will be identified with a unique sample ID number per Section 5.3.3 of this plan and in general accordance with Shaw's Sampling and Analysis Plan (SAP, August 2002). Full details on sample numbering, documentation, custody, and shipping can be found in Sections 5.5 and 5.6 of this workplan. Quality control measures associated with these efforts are conducted as described in Shaw Contractor Quality Control Plan (CQCP, April 2002).

5.3.1 Biased Sample Locations Within each Class 2 survey unit two biased surficial soil samples will be obtained from the areas which exhibited the highest FIDLER responses during the May 2003 Gamma survey efforts. In addition at each of these biased sample location, a geoprobe will be used to obtain a soil core from the 6-inch to four foot depth. This core will be field scanned with the 2221 rate/sealer meter with the 44-9 pancake probe. If the scan indicates the entire core is within expected background radiation levels, a soil sample from the 6" to 12" horizon will be obtained to asses the radioactivity of the subsurface layer. If the lowest section of the core indicates elevated levels of radioactivity, coring will continue to a maximum depth of eight feet below grade to define the lower depth of elevated activity. A sample will be obtained from the lowest section within the cores that exhibits a scan response above background levels.

A potential concern exists south of the CSX high speed rail line where previous sampling activities indicated elevated readings (Bechtel, 1992). Accordingly, one biased soil sample within the Class 1 Unit 1 survey unit will be performed between two previous elevated sample locations.

DACW41-01-D-0031 12 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final 5.3.2 Sample Identification/Labeling All samples regardless of type are assigned a unique identification code consisting of three or four parts. These parts generally consist of the project, sample type, location, and additional identification codes, as needed. Examples of the codes used for each sample type are identified below.

5.3.3 Environmental Samples The sample numbering system assigns a unique number to each sample that identifies the type and location of each sample. This number also serves as a tracking method for retrieval of information. Sample numbers are generated in the CVP-XXX-YYY-NNN format as follows:

CVP = CSX Vicinity Property Site

XXX = sample origin/type as follows:

CL1= Class 1 Survey Unit or CL2 = Class 2 Survey Unit or TPH= LNAPL driven location

YYY= Survey Unit Number as defined in the approved Final Status Survey Plan or for locations where multiple samples are being collected.

W01 indicates the West Class 2 unit, soil sample location number 1 and W02 indicates the second soils ample from West Class 2 Unit. The final status survey sample numbers are sequential within each survey unit. Replicate and blank samples are given a "900" series number by sample type, in sequence.

NNN = Sequential sample number for each depth horizon, as appropriate for locations where multiple depths are sampled.

Examples:

CVP-CL2-W010 = A final status survey surficial soil sample taken from the western class 2 survey unit, location number 10

CVP-CL1-103 = A Final Status soil sample taken from class 1 Survey Unit number 1, location 003

CVP-CL1-1B1 = A biased soil sample taken from class 1 Survey Unit number 1, biased location 1 at a depth of 1 foot below grade

CVP-TPH-005-165 = a geoprobe based soil sample from geoprobe location number 5 at a depth of 16.5 feet below original grade.

5.3.4 Quality Assurance/Quality Control Samples Blind Field Duplicate Samples: Field duplicate samples are sent blind to the same laboratory of the primary sample. The sample location where a blind field duplicate is collected is marked both on the field data sheets and on the copy of the chain-of-custody record retained by the sampling crew. Blind field duplicate samples are collected at a frequency of one per every 20 samples for each distinct matrix (aqueous and soil) and type of sample (e.g., surface water, groundwater, etc.), where appropriate.

DACW41-01-D-0031 13 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final Rinse Blanks: Rinse blanks are not required when dedicated sampling equipment is used nor for the TCLP sampling. If non-dedicated sampling equipment is used in the soil sampling program, rinse blanks may be analyzed at a frequency of not less than 5% (one rinse blank per every 20 samples collected with non-dedicated sampling equipment).

Trip Blanks: Trip blanks are used to monitor potential aqueous sample volatile organic contamination during shipment to and from the laboratory. It also provides information on laboratory water quality since the laboratory provides the trip blank water. One trip blank will submitted for analysis for each day aqueous matrix volatile organic samples are collected. A trip blank is included in each cooler that contains aqueous matrix volatile organic samples; therefore all volatile organic samples and containers are shipped to and from the laboratory in the smallest number of coolers possible (in order to minimize the number of trip blanks required).

Example

TB -mmddyy-# (where mmddyy represents the date the trip blank was collected and # represents the order collected, if more than one equipment blank is collected on any given day)

Matrix Spike/Matrix Spike Duplicate Samples: QA/QC samples will include a matrix spike (MS) and matrix spike duplicate (MSD) sample at a frequency of not less than 5% (one MS/MSD pair per every 20 samples collected) for each matrix (aqueous and soil) and type of sample, with the exception of radiological and TCLP analyses. Matrix QC is not required for radiological or TCLP analysis. They are identified using the MS/MSD suffix.

5.4 LNAPL SOIL SAMPLE COLLECTION

5.4.1 Soil Sampling Rationale for Geoprobe Samples The proposed subsurface soil sampling is designed to identify potential elevated concentrations of TPHs and or diesel fuel associated with the former Light Non-Aqueous Phase liquid identified in former well 19S. Soil samples will be collected using direct push technology (DPT) and will be analyzed for TPH-Diesel range organics. Subsurface soil samples will be collected at discrete depths to delineate the vertical and horizontal extents of the LNAPL contaminated zone. The anticipated special distribution of DPT sampling is shown in Figure 13.

Subsurface soil screening samples will be collected using a subcontracted DPT rig capable of obtaining discrete-depth soil sampling and will follow the general drilling and subsurface soil sampling procedures. Prior to the start of DPT soil sampling, a sampling grid will be established at approximately 50 foot intervals. The DPT soil sampling will begin from the central transects passing through location of MW-19S. Based on the field screening results, the grid will be expanded in each direction until the horizontal extents of the contamination zone are completely delineated. If necessary, additional locations may be added to better define the zone of contamination.

The soil cores will be field screened with a FID/PID, FIDLER and ultra-violet (UV) fluorescence lamp and test kit. Coring will continue for a minimum depth of three feet into the water table. Coring will continue to the depth where no field instrumentation responses are observed in the soil core, up to an expected maximum depth of 25 feet below original grade.

DACW41-01-D-0031 14 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final Based on the results of the field screening, soil samples will be collected from just above and just below the lowest zone of soils that exhibit a field instrumentation response to determine the vertical extents at each location. At each location, the subsurface soil samples will be analyzed for Total Petroleum Hydrocarbons (TPH) Diesel Range Organics (DRO).

One additional soil sample will be collected from the zone with the highest PID/OVA/UV readings and or the zone with the most visible free product as determined through visual inspection under daylight and/or UV light. These samples will be analyzed for TPH-DRO, VOCs and SVOCs (including non targeted tentatively identified compounds).

The highest concentrations of free-phase product are expected to be located at the top of the water table and in the soil profile subjected to rising and falling water table conditions (the smear zone). The relationship between the highest concentrations of TPH and the lithology will be supported by the detailed borehole logs prepared by the on-site geologist. For those DPT locations which reach three feet into the water table and do not yield any field instrumentation responses, the soil water interface zone will be sampled and analyzed.

Approximately 20 percent of the samples will be analyzed offsite using the most current EPA SVV-846 method 8015. Samples will be packaged and shipped according to the procedures described in Section 5.6 and analyzed per Section 5.7.

Any boreholes that exceed 25 feet in depth will be tremie-grouted with a cement-bentonite mixture after soil samples have been collected and the boring locations will be restored to pre- existing conditions. Any and all drill cuttings generated in the course of the work will be collected at the end of each day's production and transported inside the Main FUSRAP Site fences.

5.5 ULTRA-VIOLET FLUORESCENCE Subsurface soil samples collected into the clear acetate sampling sleeves will initially be screened using a UV light. The sampling sleeves will be placed into a cardboard box and screened from light. The UV light will be placed above the sample to see if any product fluoresces. The analytical sample will be collected from the area of soil that is fluorescing.

An alternate method for UV light screening will be to place a portion of the subsurface soil sample into a jar with water. The UV light will be used to screen the jar. If product sheen is present it will fluoresce in the UV light. Soil samples will be analyzed onsite with the UV light test kits. The test kits use methanol as part of the extraction process whereas the offsite analytical labs use methylene chloride as an extraction media. As such, samples that will be sent offsite for analysis will not be able to be screened onsite.

Using a Geoprobe, soil samples will be collected from a portion of the main Colonie site and the CSX property adjacent to former well 19s. The sampling will be accomplished using 2-inch diameter by 2-foot long lexan cores. Provided there is no refusal of the probe, the cores will be taken at 2-foot deep intervals to a maximum depth of twenty-five feet. If refusal occurs, the data sheets would delineate the actual depths achieved. The core samples will be obtained in a line of three probe locations starting at five feet from the fenceline adjacent to former well 19S.

All cores will be field screened with a combination FID/PID (TVA-1000). The Geoprobe drive point with macro core sampler is hydraulically driven to the desired sampling depth. Upon reaching the desired depth, the drive point will be retrieved and the macro core barrel will be advanced to the sample completion depth. The sample will then be retrieved and collected.

DACW41-01-D-0031 15 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final The sample will initially be screened using a PID and based on these readings, grab sample aliquots will be collected and placed in VOC sample bottles.

A two inch diameter lexan tube inside the direct push downhole equipment will be used to collect soil from the subsurface. The recovered core will be visually inspected for the presence of LNAPL and surveyed with field instruments to determine presence of TPH and or volatiles. A log of the geoprobe core will be prepared by a competent geologist noting the soil characteristics and field data.

If visual or field instrumentation indicates the presence of TPH or LNAPL, additional Geoprobe sampling locations will be obtained from the next grid location shown in Figure 13. This process will continue until geoprobe cores indicate no visual or field instrumentation response for TPH/LNAPL. All geoprobe locations will be located via GPS surveying equipment to facilitate reporting and plotting of the data.

5.6 SAMPLE CHAIN OF CUSTODY/ DOCUMENTATION

5.6.1 Sample Packaging and Shipping All samples that are to be shipped off-site for analysis will be screened for potential radioactivity and determined safe before being shipped off-site. This survey will follow the previously approved HASP and Radiation Safety Manual for the site. This will allow for proper packaging and shipping via International Air Transport Association (IATA) Dangerous Goods Regulations. Under these regulations, materials with activity less than 2,000 pCi/g do not have to be shipped as radioactive. Sample packaging and shipping will be performed in accordance with the Main Site SAP and as described below. Before the samples are packaged in the shipping container, the following procedures must be performed.

The exterior of the sample container will be wiped down to remove any loose contamination.

• Sample containers are smeared and released in accordance with the HASP.

• A chain-of-custody form, filled out with the appropriate information (sample ID, date, collection time, and the sampler's name), will accompany each sample set. The chain- of-custody will be in a plastic zip-lock bag.

• When enough samples are procured for the day's shipment, the samples will be brought to the sample preparation area for further processing. Once the samples are in the sample preparation area, samples will be logged into the sample logbook. The sample id number, preservatives, sample description, date, time, required analysis, sampler's signature, and radioactive label (if required) will be affixed to the individual sample containers. Clear tape will be affixed over the sample label to ensure its integrity. Tape will not be used for VOC samples. Bottles will be placed upright in the cooler in a manner that does not allow samples to touch.

• Once the samples are packaged and placed into the shipping container, the chain-of- custody form, the limited quantity radioactive material form (if necessary), and the free of loose contamination statement, will be placed with the sample containers. These forms will be in Ziploc bags. The lid will be closed and secured using strapping tape to assure that the shipping container lid will not be opened during transportation. The drains will also be taped shut.

DACW41-01-D-0031 16 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final • Three custody seals will be assigned by the custodian of the samples and affixed to the shipping cooler along with the shipping label with the laboratory's address. A return address label and the laboratory's address label will also be affixed to the cooler in case the shipping label is compromised.

• In accordance with the HASP, the health physics technician will take swipes on the top, side, and bottom of the cooler and dose rate the exterior of the shipping container to ensure Department of Transportation (DOT) compliance is met for radiological shipments. The sample coordinator/QC chemist will ensure the following for samples collected and shipped to an off-site laboratory:

• Properly completed chain-of-custody forms;

• Proper sample documentation;

• Shipment in accordance with IATA regulations; and

• Proper sample packaging.

5.6.2 Sample Documentation The intent of this section is to provide procedures for complete and accurate documentation for all sampling activities. This section includes procedures on maintaining field notebooks, documenting remedial progress with photographs, documenting site sampling activities, and maintaining site documents.

Field Notebook

A bound sampling logbook will be maintained indicating sample location, the corresponding sample number, date of sample collection, sample type, sample collection method, the individual collecting the sample, and the individual logging in the sample information. The logbook will include physical descriptions pertaining to each sample, the analyses to be performed, the volume and net weight (if applicable) of each sample, and the date that the sample was transferred to the laboratory for analysis. The logbook will also document any problems encountered with sampling, shipping delays, etc. and the actions taken to correct the problem.

The logbook entries will be made with waterproof black ink and will be signed and dated at the end of each day's sampling activities. A new page will be used for each day's entry. Should the last entry of the day not fill an entire page, a diagonal line will be drawn to the bottom of the page and the bottom of the page will be signed and dated. Should there be blank pages in the logbook, a large 'X' will be drawn across the entire page along with a signature and date of the field team member. Each page will be numbered sequentially. The date and time (in military time) of the entry will also be included at the top left margin of each page preceding the day's entry.

All sampling efforts conducted at the CSX Vicinity Property, including labeling, packaging, analytical and reporting requirements, will be conducted in full accordance with the Sampling and Analysis Plan (Shaw Environmental/Shaw, August 2002 or most recent version) established to govern sampling at the main Colonie FUSRAP site.

DACW41-01-D-0031 17 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final All investigative derived waste associated with the CSX vicinity property will be collected and returned to the main Colonie FUSRAP site at the end of each day's work efforts. These materials will be managed in accordance with the procedures established in the Site Operations Plan (Shaw Environmental/Shaw August 2002) and supporting documents. No investigative derived wastes or other materials will be left on the CSX property at the end of the workdays. All tools, PPE, and other materials will be returned to the main site at the end of the day.

5.6.3 Sample Labels Sample labels will be completed for each sample using waterproof ink. Information to be recorded on each label includes: site name, sample number, date and time of collection, analyses to be performed, and name of sampler. To ensure the integrity of the sample label, clear tape will be affixed over the label during sample processing.

5.6.4 Sample Log Sheets Sample log sheets will be filled out in the field and contain all specific sampling information (date, time, sample location, matrix, etc).

Sample log sheet will be consecutively numbered to follow the sampling sequence. The use of sample log sheets will be noted in the site logbook.

The sample log sheet completed in the field will not be transcribed to clean sheets. It is recommended that waterproof paper and ink be used to complete the log sheets. Other log sheets, such as those needed for field screening, may be used as needed. The use of such data sheets will be noted in the site logbook.

5.6.5 Sample Chain-of-Custody Identification and documentation of the possession history of a sample from collection through analysis and ultimate disposition is important to ensure that the validity of the samples has not been compromised. Chain-of-custody procedures provide for sample labeling and tracking reports that contain the following types of information:

• unique sample identification;

• sample location and site;

• date and time of collection;

• matrix type;

• signature of sample collector;

• documentation of specific reagents or supplies that become an integral part of the sample, (preservatives, absorbing reagents, filters, etc.);

• sample preservation methods;

• date and time sample custody is relinquished and accepted;

DACW41-01-D-0031 18 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final • signature of each custodian; and

• sample custody logs.

5.6.6 Field Custody and Transfer Custody Samples must be traceable from the time they are collected until they, or their derived data, are documented in a report. The final custody documentation procedure is used in conjunction with the laboratory's sample documentation for all samples processed through the laboratory to maintain a record of sample collection, transfer between personnel, and shipment and receipt by the laboratory. The chain-of-custody is completed for each sample type after containers have been packed for shipment. Each time samples are transferred to another custodian, signatures of the persons relinquishing the sample, signatures of the persons receiving the sample, and the time and date of the transfer must be documented. A sample is considered to be in a particular individual's custody if it is in that person's physical possession; in view of the person who takes possession; and secured via signed and dated custody seals by that person so that no one can tamper with it or secured by that person in an area to which access is restricted to authorized personnel.

Under this definition, the individual who actually collects a sample is personally responsible for that sample until it is properly transferred and documented. To follow up, the sampling team leader reviews all field activities to confirm that proper custody procedures were followed.

Whenever samples are split with a facility or government agency, a separate request for analytical services is prepared for them and marked to indicate with whom the samples are being split. The person relinquishing custody of the samples to a facility or agency must obtain the signature of a designated representative of that facility or agency. The chain-of-custody form must be completed and a copy given to the owner/operator/agent-in-charge, even if the offer for split samples is declined. The original is retained by the laboratory or is retained/archived in the project file.

5.6.7 Laboratory Custody Procedures A sample custodian designated by the laboratory accepts custody of the samples and verifies that the information on the sample label is inserted into the laboratory's sample tracking system. This system will use the sample label number or assign a unique laboratory number to each sample label to ensure that all samples are transferred to the proper analyst(s) or stored in the appropriate secured area.

Samples are distributed to the appropriate analyst(s). Laboratory personnel are responsible for the samples from the time they are received until they are exhausted or returned to the custodian.

5.6.8 Corrections to Documentation All corrections to be made on all field documentation will be made by drawing a single line through the error, initialing and dating the change, and entering the correct information. Erasures are not permitted.

DACW41 -01 -D-0031 19 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final 5.7 LABORATORY ANALYSIS

5.7.1 ON SITE Gamma Spec Analysis All soil samples generated as a result of the survey unit soil sampling in this work plan will be analyzed for gamma spectrometry utilizing the existing main FUSRAP site high purity germanium detector (HPGe). Onsite analysis will be performed consistent with the procedures outlined in the main Colonie FUSRAP Site Sampling and Analysis Plan and the Environmental Dimensions Standard Operating Procedures for the HPGe unit.

5.7.2 OFF SITE ANALYSIS Southwest Laboratories of Oklahoma are currently performing all offsite analytical work. Their facility is located at 1700 West Albany, Broken Arrow, Oklahoma, 74012 (918-252-2858, Mr. Kert Surface is the point of contact).

Southwest Laboratories of Oklahoma is a New York State Department of Health (NYSDOH), Environmental Laboratory Approval Program (ELAP) certified laboratory holding the Analytical Services Protocol (ASP) certification. All samples are analyzed using EPA SW-846 or CLP analytical procedures outlined in the most recent SOW, as appropriate. Southwest Laboratories of Oklahoma will use validated analytical procedures for all radiochemical analyses. These procedures are designed specifically for low-level radiochemistry and are adaptations of those recommended by the EPA, the Environmental Measurements Laboratory (HSL-300), and other agencies, as appropriate. The laboratory possesses all required permits and licenses in conformance with applicable regulatory requirements, including licenses to receive, handle and store radioactive material; an American Association of Laboratory Accreditation certification; and appropriate state and local certifications.

CSX VP off-site sample analysis will consist of the analyses shown in Figure 14, Sampling Summary. All Class 2 final status survey samples will be analyzed at offsite laboratories for Alpha Spectrometry, isotopic Uranium and isotopic Thorium. A total of 5% of the soil samples obtained from the Class 1 survey units will be analyzed at the off-site laboratory for Alpha Spectrometry, isotopic Uranium and isotopic Thorium. All geoprobe based LNAPL Investigation generated soil samples will be analyzed at the off-site lab for TPH-DRO, TCL VOAs, TCL-SVOC with non-target compound Identification and for product/sheen via UV Fluorescence.

An estimated five soil samples will be analyzed at the off-site laboratory to allow proper classification and handling of investigation derived waste materials and to support decisions relative to the health and safety of site workers and to support waste disposal assessment issues. It is expected that one waste materials sample will be obtained from each Class 1 survey unit and analyzed for full TCLP characterization (metals, VOCs, SVOCs, Pesticides/PCBs, ignitability and Corrosivity) and for Target Analyte List Metals, Volatiles and Semivolatiles. Waste characterization samples will be composited from the surficial soils ( 0 to 6-inch depth profile) from the even number samples in each of the Class 1 Units ( i.e., CVP- CL1-102, CVP-CL1-104). If during the geoprobe efforts the subsurface conditions are different from the surficial soils, another sample will be obtained for waste characterization analysis from the soils remaining in the core after the required samples are taken.

6.0 HEALTH & SAFETY All activities anticipated to be completed under this scope of work, have already been conducted at the main Colonie FUSRAP Site and are addressed in the project's main site safety plan dated

DACW41-01-D-0031 20 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final May 2002. The requirements of the Colonie FUSRAP Site Health and Safety Plan are here-by incorporated into this work plan by reference and they will be followed. Appendix F contains a copy of the main site safety plan title page and table of contents. Full copies of the Main site safety plan are available for review at the project Site and have been previously distributed to key stakeholders.

All Shaw employees will comply with applicable federal, state, and USACE safety and health standards and regulations. Compliance with all Shaw Corporate health and safety program requirements is mandatory. Additionally, all work will follow industry standard guidance manuals. A complete and current copy of the Shaw Corporate Health and Safety Manual is maintained on-site by the Safety Department. The above includes, but is not limited to:

• 10 CFR 20, Occupational Radiation Exposure Protection;

• 29 CFR 1910, Occupational Safety and Health Standards, General Industry;

• 29 CFR 1926, Safety and Health Regulations, Construction Industry;

• 40 CFR 260-276, Hazardous Waste Management;

• Engineer Manual 385-1-1, Safety and Health Requirements Manual, USACE, September 1996;

• ER 385-1-92, Hazardous Waste Site Requirements, Appendix B, USACE;

• EM 385-1-80, Radiation Protection Manual, USACE, April 1999;

• National Institute for Occupational Safety and Health (NIOSH) Pocket Guide to Chemical Hazards, U.S. Department of Health and Human Services, Centers for Disease Control, June 1997;

• Occupational Safety and Health Guidance for Hazardous Waste Site Activities, U.S. Department of Health and Human Services, October 1985; and

• Threshold Limit Values (TLVs) for Chemical Substances and Physical Agents and Biological Exposure Indices, American Conference of Governmental Industrial Hygienists (ACGIH), 1999.

Work on the CSX VP is expected to entail potential chemical toxicity hazards ( See section 3.2 of the May 2002 HASP), radiological hazards ( See Section 3.3 of the May 2002 HASP) and physical hazards (see section 3.4 of the May 2002 HASP). Section 5 of the May 2002 HASP presents the monitoring plan and instrumentation that will be used to ensure workers exposures do not exceed applicable requirements and that appropriate levels of personnel protective equipment (PPE) are available and worn as necessary to accomplish the work.

Failure to adhere to health and safety requirements will be cause for dismal. All workers will be required to work under the buddy system or two person policy and with at least one site radio.

Unique hazards associated with this work include work in close proximity to the high speed rail line located in the southern portion of the CSX property. Any and all work within 15 feet of this rail line will be conducted under the direct observation and control of a Flagman provided by

DACW41-01-D-0031 21 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final CSX. All work will be scheduled one week in advance with the train master at CSX's Selkirk Yard. Under no circumstances will any work be conducted within 15' of the high speed lines without the flagman's presence.

6.1 VISITORS Any visitor to the site, defined as a non-regular site employee (excluding recurring vendors and delivery personnel who do not deviate from the trailer areas), will report to the administrative and technical support office located at 1118 Central Avenue upon arrival to sign in. An arrival, departure, and hazards briefing is provided to all visitors and recorded in the project files by the SSO. Visitors requiring access to a work zone or control area will be required to do so under escort of a fully qualified Shaw team member. Shaw Visitors will be escorted at all times while inside the work zones. Visitors will wear a red "Visitors" hard hat while on-site to delineate them from regular site personnel. Prior to leaving the site, all visitors will return to the administrative control desk to sign out. Shaw is not responsible for USACE visitors, and accordingly assumes all USACE visitors will abide by USACE requirements and guidelines (per the standing policy for all construction division field personnel and visitors to NY district construction sites).

6.2 PERSONNEL DECONTAMINATION During all site activities, personnel routinely attempt to minimize the degree of contact with contaminated materials. This involves a conscientious effort to keep "clean" during site activities. All personnel will minimize kneeling, dust generation, and physical contact with contaminated materials. This should minimize the degree of decontamination required and the generation of waste materials from site operations.

At this point in time, none of the CSX Vicinity Property has been deemed a radiological control area and as such, no entry control points or exclusion zones have been established. In the event such zones are deemed necessary the following step-by-step description of doffing procedures will be posted at each entry control point that is established to execute the work:

• Outer boot cover and outer glove - Remove outer disposable boot covers at the entrance to the CRZ to Access Control Area and outer gloves and place in to the properly labeled container.

• Tape removal - Remove all sealing tape from around boots, gloves, zippers, etc. Place in the appropriate disposal drum.

• Outer coverall removal - Unzip and remove the outer coverall. Secure disposable PPE in plastic bags placed in containers designated for PPE.

• Face piece removal - Remove face piece and place in a designated area for further cleaning.

• Inner glove removal - Remove inner gloves and place in the disposable clothing drum. Remove inner coverall.

• Frisking - Perform personnel frisking in accordance with the Radiation Safety Manual.

• Personnel Hygiene - Workers are encouraged to wash hands and face upon exiting a CA.

DACW41-01-D-0031 22 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final If immediate life-saving first aid or medical treatment is required, doffing and decontamination procedures will be omitted. Outer garments can be removed as long as it does not delay giving the proper care or aggravate the condition. Grossly contaminated clothing should be removed carefully, because clothing can transfer contaminants to people administering first aid. If the outer contaminated garments cannot be safely removed, the individual will be wrapped in plastic, rubber, or blankets to help prevent the spread of contamination to emergency personnel. Health physics (HP) personnel will accompany contaminated victims to the medical facility to advise on matters involving decontamination.

6.3 EQUIPMENT DECONTAMINATION PROCEDURES Water for site operations is available via the on-site 6" hydrant supplied by the Latham Water District's Potable Water System. This water is used for equipment decontamination. Health physics technicians will frisk any equipment or samples coming out of a controlled area to determine their radiological and chemical condition(s). Equipment and sample containers are deconned in the field to remove as much dirt and debris as is possible. If the equipment is leaving the site, a formal radiological release survey is conducted and documented by health physics personnel. Equipment being released from the site must comply with the following release criteria.

Contaminant Removable Contamination (dpm) Fixed Contamination (dpm)

Uranium-238 1000 5000

Thorium-232 200 1000

In the event that an object frisks above the established cut-off limit it will be considered contaminated material and will remain in the control area. Please refer to the Sampling and Analysis Plan for a complete discussion of decontamination of sampling equipment.

6.3.1 Heavy Equipment Heavy equipment vehicles and tools are decontaminated by steam cleaning per the HWP. Due to the possibility of splashing, face shields and coated Tyvek or rain gear shall be worn by all personnel during equipment decontamination.

Potential hazards involved in decontaminating equipment include burns from steam and exposure to contaminants that may be on equipment, such as radioactive materials, metals, organic materials, and soil microorganisms. The steam cleaning process can readily aerosolize contaminants. The decontamination area is likely to be slippery and could present slip, trip, and fall hazards.

6.4 EMERGENCY RESPONSE PLAN It is the objective of this work plan to minimize the exposure of site personnel to chemical/radiological/physical hazards and any operational incidents. The types of emergencies that could occur include during the execution of the work:

• Heat/cold stress illnesses;

DACW41-01-D-0031 23 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final • Slips, trips, and falls;

• Motor vehicle-related accidents/injuries;

• Equipment related injuries; and

• Chemical/radiological contact.

The following provides direction to ensure that personnel respond to emergency situations in an appropriate manner:

• An emergency medical assistance network was established prior to the start of field activities in 1998. Telephone numbers for the fire department, ambulance, and a hospital with an emergency room are provided in the Site Health and Safety Plan. When dialing 911, personnel will state that they are working at the Colonie Site, 1130 Central Avenue; in response, West Albany will dispatch emergency response personnel. Copies of emergency telephone numbers and the route to the hospital are posted throughout the site.

• The Colonie Fire Department Hazardous Materials (HAZMAT) Coordinator has been provided a list of all site chemicals, including quantities and storage locations. This information is updated/recertified annually to the HAZMAT coordinator.

• The site is served by 911 for emergency assistance. All of the work areas are within limited access or restricted areas, therefore all site wide communication will be through the use of hand-held devices (radios).

• Selected members of the Shaw project staff will be certified to render first aid and Cardiopulmonary Resuscitation (CPR). In the event a field team member performs first aid or CPR, Procedure HS512, Handling of Blood or Other Potentially Infected Material, will be implemented.

• All site personnel are trained for the specific site conditions including emergency signals and procedures prior to entry into controlled areas.

• Evacuation routes from each work area will be established by the SSO before beginning fieldwork.

• Wind direction is monitored via both wind socks and a wind speed indicator during all field activities.

• The field team leaded will alert each team member of impending danger. This verbal message will be used to evacuate the site in the event of fire, hazardous substance release, vapor release, or other emergency. All evacuated personnel will proceed to a predetermined, upwind location for a head count. The muster points are at the main gate along Central Avenue or at the gate north of the administration trailer.

Emergency response information is provided in figure 15. Figure 16 presents a map showing the site location and the Albany Medical Center location, the closest hospital, along with written directions between these locations. Should an accident/incident requiring offsite assistance occur, the SSO will immediately dial 911, complete an Supervisor's Employee Injury Report,

DACW41-01-D-0031 24 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final and investigate the cause. CSX and USACE project personnel will be notified as soon as possible of the event which generated a emergency response action.

Accident investigation and injury/illness record keeping procedures are outlined in Shaw Procedure HS020. Accidents will be reported immediately by telephone to USACE and in writing within 24 hours of occurrence. Any recommended hazard control will be discussed with the Shaw SHSM for approval prior to implementing the control. Any chemical exposure or occupational injuries and illnesses will be reported and recorded, if recordable per 29 CFR 1904, on an OSHA Form No. 300. Any incident resulting in a fatality or hospitalization of three or more persons will be reported to OSHA by Shaw's SHSM within 8 hours of the occurrence. Any damage to government or contractor property (which occurs during the performance of the contract at the project site) in excess of $2,000 will be reported to USACE within 8 hours of occurrence. The SSO will maintain records of all site accidents and first aid treatments.

7.0 QUAILTY CONTROL AND QUALITY ASSURANCE Appendix F contains the title page and table of contents for the Colonie FUSRAP Site's approved Contractor's Quality Control Plan (Final April 2002). That plan and its requirements are hereby incorporated by reference into this work plan and will be followed. A letter of authority has been issued for Scott Brock, the Shaw designated Colonie FUSRAP site CQC manager. It describes the responsibilities of the CQC manager and delegates to him sufficient authority to execute their responsibilities, including the authority to stop work that is not in compliance with contractual or project requirements. Jim Berry is the designated alternate CQC manager in the event Mr. Brock is not available to complete the QCM duties.

7.1 INSPECTION PHASES The CQC manager is responsible for verifying compliance with this CQCP through implementation of the three phase control process for definable features of work, regardless of whether they are performed by Shaw, or its subcontractors. The three phases are the preparatory phase, initial phase, and follow-up or continuing phase inspection. This three phase process is the primary quality control element in place and ensures that project activities comply with the approved plans, specifications, and procedures. Each of the three quality control phases is important for obtaining a quality product. However, the preparatory and initial inspections are particularly valuable in preventing problems. Production work is not to be performed on a definable feature of work until a successful preparatory and initial phase inspection have been completed and documented in the project records. Copies of the phase inspection checklists, logs, and the daily quality control report are included in Appendix B of the CQC Plan.

7.1.1 Preparatory Phase Inspection The CQC manager will conduct and document a preparatory phase inspection prior to beginning each definable feature of work. The purposes of this inspection is to review applicable specifications and verify that the necessary resources, conditions, and controls are in place and compliant before the start of work activities. Client notification of pending preparatory phase inspections is required at least 48 hours in advance. Results are documented in the preparatory inspection checklist and summarized in the daily QC report. The CQC manager will review work plans and operating procedures to ensure that they describe pre-qualifying requirements or conditions, equipment and materials, appropriate sequence, methodology, hold/witness points, and QC provisions. The preparatory inspection includes a discussion of procedures for

DACW41-01-D-0031 25 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final conducting the work, including efficient operations and the level of workmanship required in order to meet contract requirements. Deficiencies, if any, will be corrected prior to initiating work. A preparatory phase report has been and continues to be filed for each definable feature of work. These are available in the project files for review.

The following activities are verified during the preparatory phase:

• that the required plans, specifications, and procedures have been prepared, approved and are available to the field staff;

• field equipment is appropriate for its intended use: available, functional, and properly calibrated;

• staff responsibilities have been assigned and communicated;

• staff have the necessary knowledge, expertise, and information to perform their jobs;

• arrangements for support services (such as health physics contractors and test laboratories) have been coordinated;

• the hazard analysis for the tasks have been reviewed and updated (if necessary); and

• any prerequisite site work has been completed.

As part of the preparatory phase inspection, the CQC manager verifies that lessons learned during previous similar work have been incorporated as appropriate into the project procedures to prevent recurrence of past problems. During a preparatory inspection, the staff must correct or resolve discrepancies between existing conditions and the approved plans/procedures identified by the CQC manager. The CQC manager must then verify that unsatisfactory and nonconforming conditions have been corrected prior to granting approval to begin work.

7.1.2 Initial Phase Inspection The CQC manager is to perform an initial phase inspection after the successful completion of the preparatory phase inspection, and during the first time the definable feature of work is performed. The purposes of this inspection are to check preliminary work for compliance with procedures and specifications, establish the acceptable level of workmanship, and check for omissions and resolve differences of interpretation. Client notification of initial phase inspections is required at least 48 hours in advance. Results are documented in the initial inspection checklist and summarized in the daily QC report. Copies of initial phase inspections are maintained in the project file and are available for review.

Initial phase inspections includes observations of work activities to:

• establish compliance with standards of efficient operation and workmanship;

• verify contractual and regulatory compliance;

• verify compliance with established procedures; and

DACW41-01-D-0031 26 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final • verify achievement of QC criteria.

The preparatory phase inspection reports are reviewed during the initial phase inspection. The CQC manager, or his designee, is responsible for ensuring that discrepancies between site practices and approved specifications are identified and resolved. Differences of opinion in the interpretation of project requirements, plans, and procedures (if any) will be settled during the initial control phase. Discrepancies between site practices and approved plans/procedures are identified, resolved, and corrective actions for any unsatisfactory and nonconforming conditions or practices are verified by the CQC manager or his designee, prior to granting approval to proceed. Completed initial phase inspection checklists are filed in the project record and are available for review.

7.1.3 Follow-up Phase Inspection The CQC manager or designee will periodically perform follow-up phase inspections on definable features of work. The purpose is to ensure continuous compliance and an acceptable level of workmanship. The CQC manager is responsible for on-site monitoring of the practices and operations taking place and verifying continued compliance with the specifications and requirements of the contract, task order, and approved project plans and procedures. He is also responsible for verifying that a daily health and safety (H&S) inspection is performed and documented as prescribed in the project Health and Safety Plan (HASP). Discrepancies between site practices and approved plans/procedures are to be resolved, and corrective actions for unsatisfactory and nonconforming conditions or practices are verified by the CQC manager or his designee prior to granting approval to continue work. Follow-up inspection results are to be documented and summarized in the daily QC report.

7.1.4 Additional Quality Control Procedures The CQC manager's primary tool to ensure compliance with the approved project plans is through implementation of the three phase control process discussed above. Other quality control procedures are also used to ensure a quality project and product. In addition to the procedures listed below, procedures ensuring cost effectiveness and efficiency are monitored for compliance through Shaw's TERC functional managers. The quality of work and products and services is ensured through implementation of approved operating procedures, appropriate use and control of equipment, and the control and management of materials and technical services. These control procedures are implemented in a manner that ensures efficiency, cost- effectiveness, reliability, and technical merit of the resulting work. The following sections present these additional control procedures utilized to ensure a quality product:

Completion Inspection

Upon conclusion of a definable feature of work and prior to project closeout, a completion inspection will be conducted to verify that project requirements and documentation relevant to the particular feature of work are satisfied. Outstanding and nonconforming items will be identified to the project manager for corrective action. As each item is resolved, the corrective actions will be documented in the project record.

Additional Preparatory or Initial Phase Inspections

DACW41-01-D-0031 27 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final Additional preparatory and initial inspections on the same definable feature of work may be required at the discretion of USACE's on-site representative, the project manager, or the CQC manager. Additional inspections are generally warranted under any of the following conditions:

• Unsatisfactory work, as determined by Shaw, or USACE;

• Changes in key personnel;

• Resumption of work after a period of inactivity (typically three months); or

• Changes to the project scope of work/specifications.

7.2 USACE QUALITY ASSURANCE EFFORTS USACE's quality assurance and independent technical review for the scope of work being performed pursuant to this Site Investigation work plan will be conducted in accordance with the December 2002 document entitled "Quality Assurance and Independent Technical Review Plan for Colonie NY FUSAP. It is expected that up to 10% of all environmental samples obtained during the field efforts will be split and analyzed at a certified analytical laboratory per USACE's Project Chemist, Mr. Alan Warminski.

7.3 DATA REVIEW Shaw will assemble the following items for each CSX survey unit:

• Statistical summary of the FIDLER survey effort including total number of data points, maximum/minimum readings, median value, standard deviation and average reading.

• A color-coded ArcView GIS map of the survey data plotted on the individual Unit outline map.

• A figure showing the specific sample locations within the individual Survey Unit.

• Data table of the on and off-site radiological data

• Figures showing the extent of radiological contamination

• General discussion and evaluation of any health and safety impacts as well as waste characterization for any potential future removal actions.

• Narrative comparison of the data to the Site radiological criteria utilizing the general procedures and protocols presented in section 3.7 of the Approved Final status Survey Plan for the Main Colonie site.

For the LNAPL related efforts, Shaw will assemble the following items:

• Field logs for each direct push location

• Analytical data tables showing all analytical results

DACW41-01-D-0031 28 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final • Figures indicating the detected levels, extent, and contours for TPH associated with the sampling efforts

• Narrative comparison of the data to the NYSDEC STARS guidance for petroleum related spills/contamination.

Upon review of all analytical data, it will be determined whether additional data is needed to deem that the CSX VP is cleared of all, programmatic radiological and LNAPL/TPH contaminates generated by the Colonie Site.

8.0 DATA SUMMARY REPORT Upon the conclusion of the tasks listed above, the results of each successive survey unit will be compiled into a report for the entire Vicinity Property and joined with the data from LNAPL and Investigation Derived Waste analysis to form a data summary report of the field work. The report will detail the survey unit location and physical dimension/size, cross-walk field scan data maps, field scan data files, physical sampling locations, field data, on-site analytical data, off- site analytical data, data assessment, data validation, data review, statistical tests performed, and conclusions drawn from each survey unit. LNAPL efforts will include physical sampling locations, field data, on-site analytical data, off-site analytical data, data assessment, data validation, data review, statistical tests performed, and conclusions.

Each successive Survey unit map will be added to the previous unit mapping to maintain a global perspective on the progress of the surveying efforts. This CSX VP base map will also include any other relevant updates to the site conditions based on other remedial activities. The results of this assessment will be summarized and reported to the USACE and CSX. The report will address potential health and safety impacts for future removal actions as well as potential impacts to handling, treating, and disposing of wastes from future removal actions.

9.0 SCHEDULE The completion of this investigation work for the CSX Vicinity Property is scheduled for late Calendar Year 2003 based on a field work start date of Mid July 2003. The detailed break down of work elements/events can be found in Figure 17. The remaining steps and sequence of work are as follows:

• The development and approval of the work plan.

• Soil samples

• Geoprobe core samples

• Prepare and submit individual survey unit reports

• Preparation and approval of the Summary Vicinity Property Report.

DACW41-01-D-0031 29 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final 10.0 REFERENCES Atcor, Inc. 1978. Radiological Assessment Survey of NL Industries, Albany Facility, Peekskill, New York, February.

Benchmark, 1998. Benchmark Environmental Corporation, Radioactive Material Detection and Quantification at the Colonie FUSRAP Site Project Execution Plan, Los Alamos, New Mexico, October.

Bechtel, 1985. Colonie Interim Storage Site Annual Environmental Monitoring Report - Calendar Year 1984, DOE/OR/20722-53, Oak Ridge, Tennessee, July.

Bechtel, 1986. Engineering Evaluation of Disposal Alternatives for Radioactive Waste from Remedial Actions in and Around Colonie, New York - 1986, DOE/OR/20722-78, Oak Ridge, Tennessee, March.

Bechtel, 1987. Colonie Interim Storage Site Annual Site Environmental Report - Calendar Year 1986.DOE/OR/20722-146, Oak Ridge, Tennessee, June.

Bechtel, 1988. Colonie Interim Storage Site Annual Site Environmental Report - Calendar Year 1987, DOE/OR/20722-194, Oak Ridge, Tennessee, April.

Bechtel, 1989a. Post Remedial Action Report for the Colonie Interim Storage Site Vicinity Properties - 1988, DOE/OR/20722-225, Oak Ridge, Tennessee, June.

Bechtel, 1989b. Colonie Interim Storage Site Annual Site Environmental Report - Calendar Year 1988, DOE/OR/20722-217, Oak Ridge, Tennessee, April.

DOE, 1995. Engineering Evaluation and Cost Analysis (EE/CA) for the Colonie Site. DOE/OR/21950-1008 (FINAL), September.

ORNL (Oak Ridge National Laboratory), 1988. Results if the Radiological Survey at the Conrail Property, South of the Colonie Site, Albany, New York (AL141), ORNL/RASA-88/12, Oak Ridge, Tennessee.

Shaw Environmental, 2002. Operations Work Plan (FINAL). Prepared for the U.S. Army Corps of Engineers, New York District, Formerly Utilized Sites Remedial Action Program, August.

Shaw Environmental, 2002. Sampling and Analysis Plan (FINAL). Prepared for the U.S. Army Corps of Engineers, New York District, Formerly Utilized Sites Remedial Action Program, August.

Shaw Environmental, 2002. Contractor Quality Control Plan (FINAL). Prepared for the U.S. Army Corps of Engineers, New York District, Formerly Utilized Sites Remedial Action Program, April.

Shaw Environmental, 2002. Health and Safety and Emergency Response Plan (FINAL). Prepared for the U.S. Army Corps of Engineers, New York District, Formerly Utilized Sites Remedial Action Program, May.

DACW41-01-D-0031 30 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final Shaw Environmental, 2002. Final Status Survey Plan (FINAL). Prepared for the U.S. Army Corps of Engineers, New York District, Formerly Utilized Sites Remedial Action Program, August.

Teledyne Isotopes, 1980. A survey of Uranium in Soils Surrounding the NL Bearing Plant, INL- 9488-61, prepared for NL Bearing/NL Industries, Albany, New York, by H.W. Jeter and D.M. Eagleson, Westwood, New Jersey, October.

Teledyne Isotopes, 1981. Subsurface Uranium in the Grounds of NL Bearings, Albany, prepared by H.W. Jeter, D.M. Eagleson, and F.J. Frullo, Teledyne Isotopes, Westwood, New Jersey, December.

U.S. Army Corps of Engineers (USACE), 2001. Final Technical Memorandum in Support of a Proposed Action Memorandum, Colonie FUSRAP Site, June 2001.

U.S. Army Corps of Engineers (USACE), 2001. Action Memorandum Revising Department of Energy (DOE) Action Memorandum dated February 14, 1997 Soil Removal at the Colonie FUSRAP Site, December 2001.

USEPA, 1997. Multi-Agency Radiation Survey And Site Investigation Manual (MARSSIM), EPA402-R-97-016 (NUREG-1575). DOD, DOE, NRC, USEPA, December 1997.

DACW41-01-D-0031 31 Engineering Evaluation Sampling and Analysis Plan Task Order No. DA02 CSX Vicinity Property 27 June 2003 Colonie FUSRAP Project Final Figures 1 COLONIE—•£ I XALBANY—» J v \ \ \ y^ \ \ \ s ^ y^ NEIW YORK CITY^J^ \ > v \ >^ „.--\f'X \ VILLAGE \ rsfS \ \ ^ OF IX97) \ \< COLONIE J,*^^ x^ \ X /A vt l mr \ / TOWN S.\ /\ \ \C0L0NIE SITE \ ^1 / ^s^ \ ^k OF COLONIE AC v.. ^^^ ^-.\ 1 ^^w x ^^^^_ %-^ \ ^V > ^\^i>

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Sample type Analysis Analytical Method Instrumentation Turn Around Time Laboratory Bottle Reauirement Preservative Gamma Spectrometry EDiSOP5B.18 EG&G HPGe Detector 48hrs on-site lab 1x 8oz. Jar Cool to 4 deg. C Alpha Spectrometry EPA 901.1 Modified Alpha Spectroscopy 14 day Southwest Lab. Cool to 4 deg. C Isotopic uranium EMLU-02-Modified Alpha Spectroscopy 14 day Southwest Lab. 1x 8oz. Jar Cool to 4 deg. C Isotopic thorium EMLTH-01-Modified Alpha Spectroscopy 14 day Southwest Lab. Cool to 4 deg. C Gamma Spectrometry EDiSOP5B.18 EG&G HPGe Detector 48hrs on-site lab 1x 8oz. Jar Cool to 4 deg. C Class 2 Survey Units Alpha Spectrometry EPA 901.1 Modified Alpha Spectroscopy 14 day Southwest Lab. 1x 8oz. Jar Cool to 4 deg. C TCL VOA (encore sample) SW846 5035/8260B GC/MS 14 Days Southwest Lab 2x 5g Encore Sampler Cool to 4 deg. C Geoprobe core TPH-DRO SW846 8015Mod GC/FID 14 Days Southwest Lab Cool to 4 deg. C samples TCL SVOC w/ TICs SW846 3540C/8270C GC/MS 14 Days Southwest Lab 1x 8oz. Jar Cool to 4 deg. C TPH Screening UV Flourescence UV Flourescence insitu on-site lab Cool to 4 deg. C TCLP VOA SW846 1311/5030B/8260B GC/MS 14 Days Southwest Lab 1x 4oz. Jar, Zero Head Space Cool to 4 deg. C TCL VOA (encore sample) SW846 5035/8260B GC/MS 14 Days Southwest Lab 2x 5g Encore Sampler Cool to 4 deg. C TCLP Metals SW846 1311/3010A/6010B/7470A ICP/CVAA 14 Days Southwest Lab Cool to 4 deg. C TCLP Pest/PCBs SW846 1311/3510C/8081B/8082A GC/ECD 14 Days Southwest Lab Cool to 4 deg. C Investigation Ignitability SW846 1030 Pensky-martens closed cup 14 Days Southwest Lab Cool to 4 deg. C Derived Waste Corrosivity as pH SW846 9045C pH probe 14 Days Southwest Lab 1 - 16oz. Soil jar Cool to 4 deg. C TAL Metals 3050B/6010B/7471A ICP/CVAA 14 Days Southwest Lab Cool to 4 deg. C TCLP SVOAs SW846 1311/3510C/8270C GC/MS 14 Days Southwest Lab Cool to 4 deg. C TCL SVOAs SW846 3540C/8270C GC/MS 14 Days Southwest Lab Cool to 4 deg. C I Railroad Ballasts |Gamma Spectrometry |EPA 901.1 Modified I Gamma Spectrometry 14 Days I Southwest Lab |1x8oz. Ja7~ |Coolto4deg. C

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csxt June analytical table(revised) 1 6/11/2003 Figure 15

TABLE 8-1 Emergency Assistance information

Contact Phone Number Joseph Pierce (USACE) (518)453-0803 518-349-4419 pager

JAMES MOORE, C.P.G. (USACE PROJECT MANAGER) (732) 435-0079 (NJ)

(212) 264-4023 (NY)

Paula Higgins (USACE Safety Officer) (917)502-4733 Hans Honerlah (USACE Baltimore Health Physicist) (410)962-9184

TONY SHEERAN, P.E. (518)482-0237 (SHAW ENVIRONMENTAL PROJECT MANAGER) Redacted - Privacy Act cell phone

Kevin Dufek (Shaw Environmental Site Engineer) (518)482-0237

(518)484-3181 pager

Joseph Hurley (Shaw Environmental SSO) Redacted - Privacy Act cell phone

Dave Sendra (Shaw Environmental RSO) (518)482-0237 (518) 484-3474 pager Joe Fort (Shaw Environmental Site Superintendent) (518)482-0237

Warren Houseman (Shaw Environmental Project CIH) (412) 858-3917 office Redacted - Privacy Act cell phone Joe Hoyt (DOD Health & Safety Coordinator III, Shaw (703)815-5206 Environmental) Redacted - Privacy Act cell phone Robert Brooks, CSP (DOD Health & Safety Manager, (732)346-2910, ext. 681 Shaw Environmental) Redacted - Privacy Act cell phone Troy Allen, CSP (Shaw Environmental Manager of Health (225) 932-2579 & Safety) Jamie Prowse (Program CHP, Shaw Environmental) (716)505-8756 Emergency Services Fuller Road Fire Department 911 or (518) 782-2833 Colonie Police Department 911 or (518) 783-2811

EMERGENCY/AMBULANCE 911

NY District USACE Safety Office (212)264-0162 Heidi Volk (Albany Medical Center RSO) (518) 262-3125 or 911 Poison Control Center (800) 336-6997

DACA31-95-D-0083 Health and Safety and Emergency Response Plan Task Order No. 40 Colonie FUSRAP Project April 2003 Final Draft: Revision 4 Figure 4 Map to and Location of Albany Medical Center

StreetsJR Copyright© 1988-1997, Microsoft Corporation und/or its suppliers All rights reserved Please visit our web site at http//maps expedia com Page 1 Directions to Albany Medical Center

FROM: ColonieSite TO: Albany Medical Hospital Center 1130 CENTRAL AVE 12205-3465 43 NEW SCOTLAND AVE ALBANY, NY 12205 ALBANY, NY 12208 (716)482 0237 (716)262 3125

DIRECTIONS and DISTANCES

1: Start out going Southeast on NY-5/CENTRAL AVE toward CR-154/OSBORNE RD. 1.33 miles

2: Turn RIGHT onto KING AVE. 0.12 miles

3: KING AVE becomes MCKINLEY ST. 0.10 miles

4: Turn RIGHT onto LINCOLN AVE. 0.12 miles

5: Turn LEFT onto ROOSEVELT ST. 0.12 miles

6: Turn RIGHT onto MANNING BLVD. 1.27 miles

7: Turn LEFT onto NEW SCOTLAND AVE. 0.33 miles

TOTAL ESTIMATED TIME: 8 minutes TOTAL DISTANCE: 3.39 miles S\ Rem MQ? 2003 TflftA Activity Activity Orig Early Early nr.i I NOW I riFr. IAN 1 FFR I MAR 1 APR 1 MAY 1 .IIIN .1111 1 Allr. 1 SFP 1 OCNOTV nFr: .IAN I ID Description Dur Dur Start Finish i i • i i i i i i i i i i i i illiu i i i i-i i r i i • i I 11.11-LU.i i i i i l i i i i i i i i i i i i i.i_i_i_i_ Study and Design CSX Property R.I.F.S. CSX Property R.I.F.S. Qoon r*ov o-«« O/^ u.u P ex™. cMnrJi. om* -ino* rrir-tYTDa mrcrm v^o/v n^. r\ta 11. II ivcaL ex i coo. oiuuy i 32201 Wotk Plan Development 11 0 02DEC02A 23DEC02A 32202 Stbrrit Draft of WP to USACE 0 0 23DEC02A • 32203 USACE Review of WP 16 0 24DEC02A 14MAR03A 32204 Receive USACE Draft Commenls 0 0 21MAR03A • 32205 Prepare Draft Final WP 7 10 24MAR03A 17JUN03 ^m Wert on heWfrom3fe7-6«W1 . 32.206 Prepare Gars Survey Proposal 2 0 27rv1AR03A 21APR03A 32207 Subml Draft Fnal WP to USACE 0 0 17JUN03 is 32208 CSXT and USACE Review 10 10 18JUN03 01JUL03 32.209 Receive CSXT and USACE Eels 0 0 02JULO3 • 32.210 Revise Draft Fnal 5 5 02JUL03 10JUL03 32211 Subrr* Fnal Draft to CSXT and USACE 0 0 10JUL03 • 32212 CSXT and USACE Fnal Review 7 7 11JUL03 21JUL03 32213 Initial Survey Work 22 0 28APR03A 19MAY03A 32214 Field Work Initiated 0 0 22APR03A •1 32215 Civil Surveying 12 0 22APR03A 08MAY03A 32216 Debris & Vegitation Removal 8 0 06MAY03A 13MAY03A 32217 CSXT VPUnll Field Work 0 0 22JUL03 • 32218 Unit 1 Engin. Layout/Stakeout Boundary 1 1 22JUL03 22JUL03 M 32219 Unit 1 Soi Sampling 2 2 23JUL03 24JUL03 m 32220 Unit 1 Onsite Lab Dala Report 2 2 28JUL03 29JUL03 ^_ 32.221 Units 2-7 repeating Unit 1 steps 21 21 30JUL03 O4SEP03 32222 Geoprobe Work near Wei 19S 6 6 26AUG03 O4SEP03 a V 32223 Prepare Draft of Report 12 12 08SEP03 25SEP03 32224 Submit Draft of Report to USACE 0 0 25SEP03 • 32225 USACE Review Draft of Report 12 12 26SEP03 13OCT03 32226 Recewe USACE Draft Commenls 0 0 14OCT03 • 32227 Prep Draft Fnal Report 10 10 14OCT03 29OCT03 i 32.228 Submit Draft Fnal Report to USACE 0 0 29OCT03 32229 USACE Review Draft Fnal Report 10 10 30OCT03 12NOV03 •S3f 32230 Recewe USACE Draft Fnal Edte 0 0 13NO\/03 32231 Revise Draft Fnal 5 5 13NOV03 20NOV03 32232 Submit Final Draft of Report 0 0 20NOV03 • 32233 USACE Fnal Review 5 5 21NOV03 01DEC03 II aana

1 7 Uur e ,. -^ r,-rr~,r-r*\o CN0 »IPM 1 at 1 jiart Date Bar Colonle 1: USRAP, Pro jectN 0.837 '935 inish Date 01DEC03 ^^•mBi^ Prog ress Ba r CSXT> fP Investigat onSc hedu e )ata Date 30MAY03 10JUN03 13:27 ^pfiifiH^ Critic al Activ ty *un Date D ec. 2002 - Dc c. 20 )3 © Primavera S ystems, Inc. Shaw Appendix A 7731 CENAB-EN-G P.09 »»•

«W E-13091

OANUKA3A-U/12 Oflu (AL141)

OAK RIDGE NATIONAL LABORATORY RESULTS OF THE RADIOLOGICAL SURVEY iwtAtrriiw MAm AT THE CONRAIL PROPERTY SOUTH OF THE COLONIE SITE, ALBANY, NEW YORK (AL141)

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lealth a&d Safety Research Plvlslon

VucWtr and Cheaieal Waste Progress (Activity Mo. AH 10 05 00 0; CJOWC01)

RESULTS Of TXt BASX0L0CXCAZ. STIRVZT AT THE C0K1AII. IlOTZXTt I0VTU OF THE COLONXE SITE, AUAHT. REV TOtt (All*. I)

J. L. Karley, R. F. Carrier, and S. C Kail

Date of Issue • February 19S8

Investigation Taut

B. A. Barvan • RASA Prograa Kanajer V. D. Cottrell • FVSRAP Project Director J. L. Karlay - Field Survey Supervisor

Survey Tea* Meabert

A. C. Butler, B. S. Ellis, V. Vinton (CRNL) F. C. Gardner, T. K. Rosasr (ORAU) E. T. Loy, R. Rjy, R. D. Stone (0. Stone Assoc.)

Work performed as part of Che RASXOIOCXCAI SORTXt ACTIVITIES 7R0CRAM

Prepared by the OAR RIMS KAT20KAL LOORATORT OaV Ridge, Tenneseee 37131 operated by MARTXIf KART"TTA ZXEXOT SYS7EXS. INC. for the U.S.fiEPAATXElTT O f EKIAOT under Contract W«. DE-AC05-B4O12H00 0^2 3 1

ORNLyRASA-88/12 ornl (AL141)

OAK RIDGE NATIONAL LABORATORY RESULTS OF THE RADIOLOGICAL SURVEY AMtmur JIMJTJ; AT THE CONRAIL PROPERTY SOUTH OF THE COLONIE SITE, ALBANY, NEW YORK (AL141)

Access to the Information In this report Is limited to those Indicated on the distribution list and to Department of Energy and Department of energy contractors OPERATED BY MARTIN MARIETTA ENERGY SYSTEMS. INC. FOR THE UNITED STATES nrninriiri.T rsr r\>rr>rv ORNL/RASA-88/12 (AL141)

Health and Safety Research Division

Nuclear and Chemical Waste Programs (Activity No. AH 10 05 00 0; 0NLWC01)

RESULTS OF THE RADIOLOGICAL SURVEY AT THE CONRAIL PROPERTY SOUTH OF THE COLONIE SITE, ALBANY, NEW YORK (AL141)

J. L. Marley, R. F. Carrier, and S. C. Kail

Dace of Issue - February 1988

Invescigacion Team

B. A. Berven - RASA Program Manager W. D. Cotcrell'>- FUSRAP Projecc Direccor J. L. Marley - Field Survey Supervisor

Survey Team Members

A. C. Bucler, B. S. Ellis, V. Vinton (ORNL) F. G. Gardner, F. K. Roeaer (ORAU) E. T. Loy, R. Ray, R. D. Scone (D. Scone Assoc.)

Work performed as pare of the RADIOLOGICAL SURVEY ACTIVITIES PROGRAM

Prepared by the OAK RIDGE NATIONAL LABORATORY Oak Ridge, Tennessee 37831 operated by MARTIN MARIETTA ENERGY SYSTEMS, INC. for the U.S. DEPARTMENT OF ENERGY under Contract No. DE-AC05-84OR2U00 CONTENTS

Page

LIST OF FIGURES _. v

LIST OF TABLES vii

ACKNOWLEDGMENTS . ix

INTRODUCTION 1

SURVEY METHODS 2

SURVEY RESULTS . . 2

Gaaaa Keasurecents 2 Soil Sampling 2

SIGNIFICANCE OF FINDINGS U

REFERENCES 5

t t r LIST OF FIGURES

Figure _ Page

1 Diagram showing sectors 1-12 and grTd block locations l on the Conrail property south of the Colonie site, Albany, New York (AL141) 7

2 Diagram showing sector 13 and grid block locations on the Conrail property south of the Colonie site, Albany, New York (AL141) 8

3 View of the west side of the NL Plant looking north across the right-of-way at the Conrail property, Albany, New York (ALU1) 9

4 View of the right-of-way at the Conrail property south of the Colonie site, Albany, New York (AL141) looking east. . . 10 5 Locations of soil saraples in sectors 1-12 on the Conrail property south of the Colonie site, Albany, New York (AL141) 11

6 Locations of soil samples in sector 13 on the Conrail property south of>the Colonie site, Albany, New York (AL141). ; 12

7 Area estimated to contain 2-<8u in surface soil in concentrations exceeding guidelines on the Conrail property south of the Colonie site, Albany, New York (AL1&1) 13 LIST OF TABLES

Table Page

1 Background radiation levels in the Albany area - 14

2 Results of the gamma exposure rate measurements outdoors on the Conrail property south of the Colonie site, Albany, New York (AL141) 15

3 Concentrations of radionuclides in soil samples from sectors 1-12 on the Conrail property, Albany, New York (AL141)) 16

4 Concentrations of radionuclides in soil samples from sector 13 on the Conrail property, Albany, New York (AL141)) 17

5 Isotopic analysis by mass spectrometry of a soil sample from the Conrail Property, Albany, New York (AL141) 18 6 Summary of outdoor measurements and sacple results on the Conrail property south of the Colonie site, Albany, New York (AL158) 19 ACKNOWLEDGMENTS

Research for this project was sponsored by the Division of Facility and Site Decommissioning Projects, U.S. Department of Energy, under Con- tract No. DE-AC05-84OR21400 with Martin Marietta Energy Systems, Inc. The authors wish to acknowledge the support'of J. E. Baublitz, Deputy ' Director, Office of Remedial Action and Waste Technology; J. J. Fiore, Director, Division of Facility and Site Decommissioning Projects; Andrew Vallo III, Division of Facility and Site Decommissioning Pro- jects, Office of Nuclear Energy; and members of their staffs. In addi- tion, the authors express appreciation to B. S. Ellis and T. R. Stewart (ORNL) for contributions in report preparation and review; F. G. Gardner and T. L. Owen [Oak Ridge Associated Universities (ORAU)] for participa- tion in data processing; and to B. C. Littleton and L. J. Jeffers (Information Resources Organization) for manuscript preparation.- RESULTS OF THE RADIOLOGICAL SURVEY AT THE CONRAIL PROPERTY SOUTH OF THE COLONIE SITE, ALBANY, NEV YORK (AL1A1)

INTRODUCTION

Work with depleted uranium began in Colonie, New York, during 1958 at a plant owned by the National Lead Company.^ Beginning in 1961, the Atomic Energy Commission (AEC), and other federal agencies engaged the National Lead Company (presently NL Industries, Inc.) in numerous con- tracts and subcontracts for the fabrication of enriched (3.6%) uranium fuel elements for the Hallaa Reactor (Chicago Operations Office) and for the chemical processing of unirradiated, enriched uranium scrap (New York Operations Office).2|3 since the termination of the AEC contracts, the work at the plant was devoted to the fabrication of shielding com- ponents, ballast weights, and projectiles from depleted uranium.* This plant has operated at a reduced level of activity after February 19S0, and ownership of the plant and property was transferred to the Depart- ment of Energy (DOE) in February 1984.

A number of properties in .the Albany/Colonie area have been identi- fied as being potentially contaminated with uranium originating from the former National Lead Company's uranium forming plant in Colonie, New York.^ Radiological surveys were performed at 13 properties by members of the Radiological Survey Activities (RASA) group at Oak Ridge National Laboratory (ORNL) during the period May 4-Kay 16, 1986. A section of right-of-way owned by the Consolidated Rail Corporation (Conrail) and located just south of the Colonie site in Albany, New York (AL141) was the subject of a radiological investigation initiated Kay 13, 1986.

For ease in reporting results, the surveyed area was divided from west to east into 13 sectors. Sectors 1 through 12 (Fig.. 1) include the right-of-way vest of Central Avenue for a distance of -576 m, and are based on a 50-m grid network established for the precise locating of measurements. The west end of the grid (0+00, BL) was posited at a utility pole (NM6-Cent Ave-Pat-7) located -25 a west of the western boundary of the National Lead property. Parallel lines were then set along the baseline (BL) at 50-m intervals, and measurements in sectors 1-12 were made from the utility pole, east to the bridge over Central Avenue. Sectors 1-12 of the surveyed area are bordered on the north by the NL site and by 1100, 1104, and 1110 Central Avenue, and on the south by Yardboro Avenue properties. This portion of the property varies in width from 25 to 55 o. Sector 13 (Fig. 2) is -12.5 n wide and extends for -42 m along a 20-o grid network southeast of the 1095 Central Avenue property. Measurements of sector 13 were made by starting at location 0+00, BL, then west for -42 m." A chain-link fence separates the Colonie site from the Conrail property. Two views of the right-of-way are shown in Figs. 3 and 4. « 2 *

SURVEY METHODS

The radiological survey methods employed in the survey of this property are described in Ref. 5. The survey included a gamma scan of the entire ground surface and the collection of soil samples for radionuclide analysis. A comprehensive description of the survey methods and instrumentation has been presented in another report."

SURVEY RESULTS

Typical background radiation levels for the Albany area are pre- sented in Table 1. The data is provided for purposes of comparison vith the survey results presented in this section.

All measurements presented in this report are gross readings; back- ground radiation levels have not been subtracted. Similarly, background concentrations have not been subtracted from radionuclide concentrations in soil samples.

Gamma Measurements Results of grid block measurements are presented in Table 2. Sur- face gamma exposure rates measured during the scan of the entire prop- erty ranged from 5 to 49 pR/h (microroentgens* per hour) . The maximum gamma exposure rate 'found on the property vas 49 pR/h and was measured over an area -0.9 m^ in sector 4 at 1+98, 26L, the location of soil sample B2. Sources of elevated gamma levels ranging from 20 to 49 pR/h included soil (sectors 4-7) and granite (sector 13). The gamma radia- tion from the soil is presumed to be associated vith activities at the former NL Industries plant; the granite is not. Naturally occurring stone such as granite typically exhibits an increase in gamma exposure rates vhen compared to surrounding soils.

Soil Sampling

Fifty-two soil samples were taken at this property from forty-one locations. Thirty-nine of the samples, taken without strict regard to gamma exposure rates at the sampling points, are denoted as systematic samples (AL141S). Thirteen samples, designated biased samples (AL141B),

• *The roentgen (R) is a unit which was defined for radiation protection purposes for people exposed to penetrating x-rays or gamma radiation. A microroentgen (pR) is one millionth of a roentgen. A milliroentgen (mR) is one thousandth of a roentgen or one thousand microroentgens. 3

vere taken from locations of elevated gamma exposure rates. The loca- tions of samples taken from sectors 1-12 are shown in Fig. 5; locations of samples from sector 13 are shown in Fig. 6. The results of analysis are presented in Tables 3 and 4 for sectors 1-12 and sector 13, respec- tively.

Samples from sectors 1-12 vere taken"at a depth of 0_to 5 cm from • each location. Concentrations of 238y in the systematic soil samples from sectors 1-12 ranged from 6.5 to 160 pCi/g (picocuries* per gram) and averaged 51 pCi/g. The concentrations of 238{j ^n Cbe biased samples ranged from 86 to 1,100 pCi/g, averaging 420 pCi/g. The sample from grid location 3+24, 29L (AL141B9) had the maximum concentration of 238JJ found on the property (1,100 pCi/g).

The soil sample at the location of maximum gamma exposure rate, from sector 4 at 1+98, 26L (AL144B2), was examined for isotopic distri- bution. The uranium in the soil sample contained 7.64 percent uranium- 235 (see Table 5). The uranium in the sample contains -10 times the 235jj found in natural uranium (nominally -0.71% 235u) £nd contains -40 times the 235JJ concentration of the depleted uranium (nominally -0.20% 235u)# Therefore, it is not associated with the depleted uranium reported to be in process by the former KL Industries Plant at the tine of shut-down. Enriched uranium has been found on no other vicinity properties of the Colonie site. An area estimated at approximately 9,500 m2 contained uranium-238 concentrations in the soil exceeding guidelines (Fig. 7).

In sector 13, systematic samples were removed from depths of 0 to 5 cm and 5 to 10 cm at each of 11 locations (22 samples). Concentrations of 238u in these .soil samples ranged from 0.70 to 18 pCi/g (picocuries* per gram) and averaged 5.4 pCi/g. The concentrations of 238jj £n tne Q to 5 cm samples averaged 5.1 pCi/g and averaged 5.8 pCi/g in the 5 to 15 cm depth samples. The sample from grid location 0+42, 4L (AL141S4A) having the maximum concentration found in the sector (18 pCi/g) was from depths of 0 to 5 cm.

Radium was measured in samples AL141S1 and AL141S1A. The concen- trations of 226^a vere 0.64 and 0.66 pCi/g, respectively, averaging 0.65 PCi/g. A summary of the outdoor measurement results is provided in Table 5.

*The curie is a unit used to define the radioactivity in a substance and equals that quantity of any radioactive isotope undergoing 2.2 x 1012 disintegrations per minute. The picocurie is one million-millionth of a curie or that amount yielding 2.2 disintegrations per minute. h

SIGNIFICANCE OF FINDINGS

Gamma exposure rates ranged from 5 to 49 pR/h during a scan of the ground surface outdoors on this portion of Conrail property. The DOE guidelines^ state that average gamma exposure rates inside occupied or habitable structures shall not exceed 20 pR/h above background. Gamma exposure rates outside of structures shall ba_such that these exposure rates, due to residual radioactivity, will not result in potential doses (assuming a conservative but plausible use scenario) in excess of 100 mrem/y for long term exposure. A spot (<1.0 m') measured up to 49- pR/h gamma exposure rate. Other small areas measured up to 34 pR/h. These exposure rates exceed the guideline of 20 pR/h above background and would be unsuitable for residential or for most public business activi- ties. However, in our opinion, present use of the property as a rail transportation right-of-way yields only a highly remote possibility of exposure above guidelines to any individual engaged in normal activity.

The DOE guideline for 238y concentration in soil at the Colonie, New York site is: (a) the 238JJ concentration shall not exceed the lim- its of 35 pCi/g averaged over an area of 10 m x 10 nt (33 ft x 33 ft), and over 5 cm (2 in.) depth; and (b) the concentration shall not exceed the additional restriction of 100 pCi/g maximum at a spot (1 ra^) averaged over 5 cm (2 in.) depth. *-*• >*•* An area of -9,500 n2 was found in sectors 4 through 9 that contains core than 35 pCi/g of 2^8^ ^n cj,ie soil. .The average concentration was approximately 260 pCi/g of 238y ^n the contaminated area, more than seven times the limit of 35 pCi/g; therefore, the average concentration is well above the DOE guideline. Furthermore, the maximum concentration of 238-j neasured was 1,100 pCi/g, a value exceeding the...guideline of 100 pCi/g averaged over air area. The average concentration of 226^a measured in the soil, 0.65 pCi/g, is less than the Albany area background of 0.85 pCi/g of radium-226.

In summary, while some radiological measurements at this property are in excess of background levels normally encountered in this area of New York, under current conditions there is no reasonable probability that individuals using the property will receive radiation exposure in excess of limits established for protection of the general public. However, some areas of soil contain concentrations of uranium-238 in excess of guidelines used by the Department of Energy to determine if remedial action is warranted. 5-

REFERENCES

J. Beck, "Report of Trip to NL Industries Plant, Colonie, N.Y." (August 10, 1983).

A Background Report for the Formerly Utilizerd Manhattan Engineer District, Atomic Energy Commission Sites Program, DOE/EV-0097A (September 1980).

J. L. Jacobs, Group Counsel, NL Industries, Inc., to S. R. Miller, DOE, letter "Albany" (December 21, 1983).

H. W. Jeter and D. M. Eagleson, A Survey of Uranium in Soils Sur- rounding the NL Bearings Plant, Teledyne Isotopes, IwL-9488-461 (October 31, 1980).

"Radiological Survey Plan for Vicinity Properties in Colonie and Albany, New York," letter from B. A. Berven, ORNL/RASA to A. J. Whitman, DOE/KQ (January 1984).

T. E. Kyrick, B. A. Berven, V. D. Cottrell, V. A. Goldsmith, and F. F. Kayvood, Procedures Manual for the ORSL Radiological Survey Activities (RASA) Program, Oak Ridge National Laboratory, ORNL/TM- 8600 (April 1987).

T. E. Myrick, B. A. Berven^ and F. F. Haywood, State Background Radiation Levels: Results of Measurements Taken During 1975-1979, 0RNL/TM-7343 (November 1981).

S. G. Levin, R. K. Stoms, E. Kuerze, and U. Kuskisson, "Summary of Natural Environmental Gamma Radiation Using a Calibrated Portable Scintillation Counter," Radiological Health Data Report 9:679-695 (1968).

C. L. Lindekin, K. R. Peterson, D. E. Jones, and R. E. KcMillen, "Geographical Variations in Environmental Radiation Background in the United States." Proceedings of the Second International Sympo- sium on the Natural Radiation Environment, CONF-720805-P-1, pp. 317-331 (1972).

U.S. Department of Energy, ' Guidelines for Residual Radioactivity at Formerly Utilized Sites, Remedial Action Program and Remote Surplus Facilities Management Program Sites (Rev. 1, July 1985).

Environmental Research Division, Action Description Memorandum. "Proposed FY 1984 Remedial Actions for Vicinity Properties at the Colonie, New York, FUSRAP Site." Argonne National Laboratory (August 5, 1984).

G. P. Turi, FUSRAP/Surplus Facilities Group, to James P. Alexander, Oak Ridge Operations Office (correspondence dated May 10, 1984). 6

13. State of New York, Department of Labor, "Ionizing Radiation Protec- tion," Part 38 of Title 12 of The Official Compilation of Codes, Rules, and Regulations of the State of New York (cited as 12, NYCRR 38), July 10, 1978. Ml enm II1.0CK KKY CONSOLIDATE!) ItAll. CORP •L «l»,H* DL = Baseline

llU l*M e it

O SECTOR ALU I NATIONAL LCAO : ©[ : © : ©• : © : © : (^ : © © ! © © I • I I • - -••!=Uj I ^JJ-J* * I •A** I

'u"tltt,,:^»ridnini-rniia^^iiTnr4^4n'inw"J w. + mimim* imiiiiin ttttttttmt» iiiiiiniti< ittiirtiin • rmrmjn It J111111! I • rtt ttl14111 • U.I.U11144 l« NllJ44iril • 11141114441 • tttt • •1-

OfOO 0+50 t + 00 1*50 ?«00 2t50 JtOO iHO 4*50 5«00 3*50 5W6

Fig. 1. Diagram showing sectors 1-12 and grid block locations on the Conrail property south of the Colonie site, Albany, New York (ALl'il) . 8

~30 METERS TO CENTRATL AVE.

0+42

r~ -i r

UJ > > < < 0+20 [ o O

1.

1

AL141 1 ' . 1. ADJACENT TO 1095 CENTRAL AVE. 0+00 12.5L BL

Fig. 2. Diagraa showing sector 13 and grid block loca- tions on the Conrail property south of the Colonie site, Albany, New York (AL141). Fig. 3. Viev of the vest side of the NL Plant looking north across the right-of-yay at the Conrail property, Albany, New York (AL141). 10 •

Fig. 4. Viev of the right-of-vay at the Conrail property south of the Colonie site, Albany, Nev York (AL141) looking east.

• »0l CHID I1I.0CK KKY CONSOLIDATE) KAII. COKl'. •I • • 00,301 0 • M.XII DL = Baseline \

• •00 t.M 1.0* MUM 0 it

O SECTOR ALU! NA1I0NAI ICAD

I ©• I ® I ® i 04© s © !na © i DO0 : ©;m, : © : © ©

f:ai««MMgjjj3J«nsnj33M3XDim: »iJMa«ixi^wuw:rrrTJj:j| „^iYi, j rr!^—-•!-._ Sl?i . J1U . . ,J UJ ali s«««« i i : : 115 - V>jjjj:r4^r{t hMs? ! ;,-?-- l_ -*6 : <-17 v os T lw s,Jo 6! SI

Fig. 5. Locations of soil samples in sectors 1-12 on the Conrail property south of the Colonie site, Albany, New York (ALl'il).

1 12 •

T ' T ~30 METERS TO CENTRAL AVE.

I 0+42 o-SYSTEMATiC SAMPLES S4 ' S3 ' 1

, 1 ; • t|

1

OS8

ui UJ | O S5 0+20 o ' I

O S7

S9 OS10 °l

-! r J. .1. J—I-

•i r S11 o JZZL AL141 ADJACENT TO OSS 1095 CENTRAL AVE. 'QS1 0+00 . 12.5L BL Fig. 6. Locations of soil samples in sector 13 on the Conrail property south of the Colonie site, Albany, New York (AL141). 301 OtM.tl citin \ DI.OCK CONSOLIDATED HAIL CORP. KI:V DL = Baseline k • •M.ttK ••:•:•:•:•:• Area estimated to contain k k "8U concentrations utnut • •00 e.M l.o» o ii exceeding guidelines SECTOR AL141 o NATIONAL ICAO I i 4 ! l» ©i. ® ®l : ® • * I *l Jj:Cn33333a333|m3Jp3T13333 j 333333333333:| I : ot. • rrrttmm +immttii •tttcccttttt + 1111>11»V»—AttWV

0»00 0*30 UOO 1*30 7*00 ?»30 3100 J»30 4 tOO 4f30 3»00 3*30 3»76

Fig. 7. Area estimated to contain 238IJ j.n surface SOQ in concentrations exceeding Guidelines on the Conrail property south of the Colonic site, Albany, New York (AL141). 14 •

Table 1. Background radiation levels in the Albany area

Radiation level or Type of radiation radionuclide concentration measurement or sample Range Average

Gamma exposure rate at 1 in above 8-10 9 floor or ground surface (pR/h)a

Concentration of radionuclides in soil (pCi/g)b 238U 0.76-1.2 0.96 226Ra 0.48-1.2 0.85

aValues obtained from four locations in the Albany area. ^Soil samples (NY1-NY6) obtained from six locations around the Albany area.'

*> •15

Table 2. Results of the ganma exposure rate measurements outdoors on the Conrail property south of the Colonie site, Albany, New York (AL141)

Distance Range of gamma exposure rates Location along BLb during scan of sector0 by sectora (m)

1 0-50 5-11 2 50-100 7-11 3 100-150 7-18 4 150-200 7-49 5 200-250 7-34 6 250-300 7-34 7 300-350 7-34 8 350-400 7-16 9 400-450 7-15 10 450-500 7-13 11 500-550 6-11 12 550-576 7-10 13 0-42 6-20

£Sectors 1 through 12 are shown in Fig. 1; sector 13 appears in Fig. 2. bA 50-m grid was established over sectors 1-12; a 20-ra grid vas used in sector 13. Distances shown are measured from the baseline (BL) . ^> cThese measurements were obtained by a ganma scan at the ground surface over the entire sector. 16 •

Table 3. Concentrations of radionuclides in soil sanples from sectors 1-1 on the Conrail property, Albany, New York (AL1A1)

Radionuclide concentration (pci/g). Depth Sample Locationa (cm) 226Rab 238uC

Systematic samples'*

AL141S1 0+00 , 3L 0-5 0.64 ± 0.07 9. AL141S2 0+50 , 6L 0-5 - 10 AL141S3 1+46 , 30L 0-5 - 160 AL141S4 1+50 , *L 0-5 - 25 AL141S5 2+01 , 4L 0-5 - 64

AL141S6 2+51 3L 0-5 • - 29 AL141S7 3+01 3L 0-5 - • 62 AL141S8 3+51 3L 0-5 - 79 AL141S9 3+70 11L 0-5 - 56 AL141S10 4+01 3L 0-5 - 32 AL141S11 4+20 6L 0-5 - 69 AL141S12 4+45 16L 0-5 - 150 AL141S13 4+47 14L 0-5 - 3S ALU IS 14 4+51 3L 0-5 - 13 AL141S15 5+01, 3L 0-5 - 19 AL141S16 5+37, 13L 0-5 m 41 AL141S17 5+51, 3L 0-5 - 6.

Biased samples^

AL141B1 1+96, 6L 0-5 130 AL141B2 1+98, 26L 0-5 180 AL141B3 1+65, 27L 0-5 86 AL141B4 1+65, 29L 0-5 810 AL141B5 2+10, 9L 0-5 170 AL141B6 2+07, 24L 0-5 680 AL141B7 2+98, 25L 0-5 900 AL141B8 2+60, 28L 0-5 220 AL141B9 3+24, 29L 0-5- 1100 AL141B10 3+49, 27L 0-5 300 AL141B11 3+75, 32L 0-5 420 AL141B12 2+10, 8R 0-5 240 AL141B13 1+95, 10R 0-5 260

aLocations of soil samples are shown on Fig. 5. "Indicated counting error is at the 95% confidence level (±2cr). cAnalytical error of measurement results is less than ±5% (95% con- fidence level) . Systematic sanples are taken at grid locations irrespective of gamma exposure. eBiased samples are taken from areas having elevated gamma exposure rates. 17

Table A. Concentrations of radionuclides in soil samples from sector 13 on the Conrail property, Albany, New York (AL141)

Radionuclide concentration (pCi/g) 4 Depth Sample Location (cm) 226Rab 238uC

Systematic samples^

AL141S1A 0+00, 12. 5L 0-5 0.66 ± 0.05 2 AL141S1B 0+00, 12. 5L 5-10 - 0.74 AL141S2A 0+20, 12. 5L 0-5 - 4.7 AL141S2B 0+20, 12. 5L 5-10 - 0.93 AL141S3A 0+42, 12. 5L 0-5 - .2.9 AL141S3B 0+42, 12. 5L 5-10 - 15 AL141S4A 0+42, 4L 0-5 - 18 AL141S4B 0+42, 4L 5-10 - 12 AL141S5A 0+20, 4L 0-5 - 1.2 AL141S5B 0+20, 4L 5-10 - 12 AL141S6A 0+04, 4L 0-5 - 17 AL141S6B 0+04, 4L 5-10 - 7.5 AL141S7A 0+17, 4L 0-5 - 0.70 AL141S7B 0+17, 4L 5-10 - 0.75 AL141S8A 0+35, 5L 0-5 - 6.9 AL141S8B 0+35, 5L 5-10 - 12 AL141S9A 0+12, BL ^0-5 - 0.79 AL141S9B 0+12, BL 5-10 - 0.78 AL141S10A 0+12,^.3L 0-5 - 0.78 AL141S103 0+12, 3L 5-10 - 0.81 AL141S11A 0+05, 2L 0-5 - 1.3 AL141S11B 0+05, 2L 5-10 - 0.92

aLocations of soil samples are shovm on Fig. 6. "Indicated counting error is at the 95% confidence level (±2CT). cAnalytical error of measurement results is less than ±5% (95% confidence level). ^Systematic samples are taken at grid locations irrespective of gamma exposure. 18

Table 5. Isotopic analysis by mass spectrometry of a soil sanple from the Conrail property, Albany, New York (AL141)

Sample No. AL141B2 Sample type Biased Depth 0-5 cm Location 1+98, 28L Analysis results3 Uranium-238 92.25 Uraniua-233 <0.0001 Uranium-234 0.084 Uraniua-235 7.64 Uranium-236 0.022

aResults reported in atom percent (at/%)

J> 19

Table 6. Summary of outdoor measurements and sample results on the Conrail property south of the Colonie site, Albany, New York (ALlAl)

Number of Measurement or sample type measurements/ Range Mean Samples

Sectors 1-12 Scan, gamma exposure rate near 5-49 surface (pR/h)a

Concentration of 238JJ £n surfaCe 17 6.5-160 51 soil (pCi/g), systematic locations0

Concentration of 238y £n surface 13 86-1,100 420 soil (pCi/g), biased locations0

Area estimated to contain 9,500 238y concentrations exceeding guidelines (m^)

Concentration of 226^a £n surface 0.6^ soil (pCi/g), systematic -> locations0

Sector 13 ""

Scan, gamma exposure rate near 6-20 surface (/iR/h)a

Concentration of 238y in surface 22 0.70-18 5.4 soil (pCi/g), systematic locations0

Area estimated to contain None 238u concentrations exceeding guidelines (m^)

Concentration of 226R3 £n surface 0.66 soil (pCi/g), systematic locations" aScan of entire property, Table 2. DSystematic samples, Tables 3 and 4. dBiased samples, Table 3. 21

ORNL/RASA-88/12 (AL141)

INTERNAL DISTRIBUTION t- l B. A. Berven 11. T. H. Row 2. R. F. Carrier 12. R. E. Svaja 3. w. D. Cottrell 13. P. J. Valsh 4. s. C. Hall 14. IR&A Publications Office 5-9. J. L. Marley 15. Laboratory Records - RC 10. p. T. Oven ._

EXTERNAL DISTRIBUTION

20. S. W. Ahrends, U.S. Department of Energy, P.O. Box E, Oak Ridge, TN 37831

21. J. D. Berger, Oak Ridge Associated Universities, P.O. Box 117, Oak Ridge, TN 37831'>

24. J. J. F.iore, U.S. Department of Energy, 19901 Germantovn Road, Germantovn, MD 20874

27. G. K. Kovey, Bechtel National, Inc., 800 Oak Ridge Turnpike, Oak Ridge, TN 37831

28. G. P. Turi, U.S. Department of Energy, 19901 Germantovn Road, Germantovn, MD 20874

29. J. W. Vagoner, U.S. Department of Energy, 19901 Germantovn Road, Germantovn, MD 20874 *

30. Andrew Wallo III, U.S. Department of Energy, 19901 Germantovn Road, Germantovn, MD 20874

31. Charles Young, The Aerospace Corporation, Suite 4000, 955 L'Enfant Plaza, SW, Washington, DC 20024

32. Office of Assistant Manager, Energy Research and Development, Oak Ridge Operations Office, Oak Ridge, TN 37831

34. Office of Scientific and Technical Information, U.S. Department of Energy, Oak Ridge, TN 37831 Appendix B 08-24-1999 16:06

Bechtel Interoffice Memorandum [HI |] AUG 2 5 1999

m Surajit Amrit, BNI MtWO. By- Buy** Colonic Interim Storage Site 04* December ,4,1997 Conrail Vicinity Property Data Summary f*WH Steve Nakasaki

o/ BNI/FUSRAP

Jim Goskowicz, BNI AI Tonawanda, &f 716-447-9380 George Butterworth, SAIC New York ext 324

1.0 Introduction

The Conrail vicinity property (VP) is one of the 219 individual vicinity properties surrounding the Colonie Interim Storage Site (CISS). The Conrail VP borders the entire CISS southern property boundary, and extends 1,900 feet from approximately 180 feet west of the southwestern CISS property comer to Central Avenue. It varies in width from 80 to 180 feet. Atmospheric dispersion of radioactive materials from CISS operations is suspected to have impacted the Conrail VP.

2.0 Previous Investigations

2.1 Oak Ridge National Laboratory -1986

The Conrail VP was initially investigated by the Radiological Survey Activities (RASA) group at Oak Ridge National Laboratory (ORNL) during May 1986 (ORNL, 1988). The investigation focused primarily on the area that is presently designated as the Conrail VP, and also included a small portion of Conrail property to the east of Central Avenue. A surface gamma survey of the entire area was conducted, followed by soil sampling for uranium-238 (U-238) and radium-226 (Ra-226). A total of 17 systematic shallow (0-5 centimeters [cm] below ground surface [bgsj) soil samples (SI through SI7) were collected at approximately equal intervals from the Conrail VP, and 13 biased shallow soil samples (Bl through B13) were collected from areas of elevated gamma exposure rates. All soil samples were analyzed for U-238 and one sample was analyzed for Ra- 226. The soil sample at the location of the maximum gamma exposure rate was also examined for isotopic distribution. 18:07 410 9S2 7731 CENAB-EN-G P.

December 4, 1997 Page 2

Tho gamma survey found generally elevated gamma exposure rates (up to 49 microroentgens per hour [uR/h]) adjacent to tho southern boundary of the CISS property, and in a small area on the main Conrail rail line across from the railway loading dock in the CISS main building. Results of shallow soil samples appear to support these findings, as higher U-238 concentrations (64 to 1,100 picocuries per gram [pCi/g]) were observed in samples collected from these same areas of elevated gamma exposure rates compared to the samples taken from the remainder of the property (0.70 to 69 pCi/g). A summary of the shallow soil sample results is presented in Table 1 and shown on Figure 1, enclosed. For comparison, background radiation levels in the Albany area are reported to average 9 uR/h and 0.96 pCi/g for gamma exposure rates (1 meter above ground surface) and U-238 soil concentrations, respectively. The single Ra-226 result from sample SI resulted in a concentration of 0.64 pCi/g, compared to a background of 0.85 pCi/g.

The results of the isotopic distribution analysis from sample B2 found 92.25 percent U- 238, 7.64 percent uranium-235 (U-235), and 0.084 percent urardum-234 (U-234), suggesting the presence of enriched uranium. Although, enriched uranium was reportedly not found in any of tho other vicinity properties, historical scoping Information indicates that it was fabricated or processed from 1960 to 1972 at the CISS site.

Based on the radiological survey, the investigation concluded that an area of approximately 9,500 square meters (about 102,000 square feet) contained U-238 soil concentrations in excess of 35 pCi/g. Concentrations within this area averaged 260 pCi/g, with a maximum concentration of 1,100 pCi/g.

2.2 Bechtel National, Inc. - 1997

In September 1997, sediment samples were collected to evaluate the potential migration of contaminated soils onto or within the CISS property. Field observations had indicated that sediment from tho Conrail property, which is physically elevated above the parking lot surface, was being transported through the fence onto CISS property during rainfall events (SEC, 1997). Since surface drainage in this area flows to Outfall B, it was also suspected that the Conrail property had contributed to the accumulated sediment observed in the vicinity of that outfall. Eighteen sediment samples (139-001 through 139-018) were collected from the areas immediate to Outfalls A and B and areas of sediment erosion. Sample results are presented in Table 2 and shown on Figure 1, enclosed. Levels of U-238 (up to 331 pCi/g) from samples collected near the Conrail boundary appear consistent with results of the Radiological Survey. In addition, elevated concentrations of U-238 (up 189 pCi/g) were found in the samples collected adjacent to and from Outfall B. These findings suggest that contaminated sediments have migrated onto the CISS property from Conrail property along the south fence, and pose a potential contaminant source to Outfall B (BNI, 1997a). Currently, this threat is being mitigated by replacing or upgrading existing erosion controls (i.e., hay bales and silt fence). 999 18:07 410 962 7731 CENA8-EN-G

December 4, 1997 Page 3

Sediment samples were also analyzed for Thorium-232 (Th-232) and Ra-226. Detectable concentrations ranged from 0.13 to 1.70 pCi/g and 0.35 to 1.01 pCi/g for Th-232 and Ra- 226, respectively. All Th-232 and Ra-226 results were below Department of Energy guidelines of 5 pCi/g for the first 15 cm soil depth.

Isotopic analysis of the sediment samples foimd an average of 84.74 percent U-238,1.56 percent U-235, and 13.7 percent U-234, indicating depleted uranium. This is consistent with theresults from the other CISS vicinity properties.

3.0 Recommendations

Review of the data collected at the Conrail property during 1986 and 1997 has resulted in identification of three general areas of concern. Additional site characterization is recommended to delineate the extent of U-238 contamination at two areas, and determine the presence or absence of radiological contamination at a third area. Designated as Areas 1,2, and 3; they are depicted on Figure 1. The areas are based on the approximated locations of the 1986 samples. It was not possible to definitively locate the previous sample points on the current base map since the grid origin could not be located. As a result, the location of the original sample points should be verified, and compared to Figure 1 prior to any additional data collection. Inconsistencies in sample locations may require reconfiguration of the areas.

The boundaries shown for each area are subject to further refinement, and are not intended to define the limits of investigative activities. The boundaries were based on three factors: (1) include locations in exceedance of 100 pCi/g U-238; (2) include areas with insufficient sample data; and (3) minimize impact to the Conrail main rail line from investigative and/or remedial activities. It should be recognized that data may be required from outside of these initial boundaries upon the determination of applicable decision criteria (e.g., clean-up levels). The current DOE site specific guideline for U-238 is 35 pCi/g.

Area 1 is an approximately 80-foot wide by 670-foot long strip located adjacent to the CISS property. From the southeast CISS property comer, it runs 530 feet west along property line and 240 feet east. Results from the 1986 radiological survey indicate that elevated levels of depleted uranium are present. Recent sediment sample results suggest that this area is a potential source of contamination to the CISS property and Outfall B. Further sampling of shallow soils should allow greater delineation of uranium concentrations and identify areas requiring remediation, if needed.

Area 2 is located immediately west of Area 1. Adjacent to the CISS railway loading dock, it also includes an 80-foot wide strip along the south property line and extends 240 feet. In addition, a portion of Area 2 extends 180 feet south to include elevated U-238 concentrations found near the main Conrail line. This area is distinguished from Area 1 999 18:OS 410 952 7731 CENAe-EN-0 P

December 4,1997 Page 4

based on the apparently larger extent of soil contamination, proximity to the railway loading dock, and the anomalous finding of enriched uranium. This suggests a separate source or separate source release mechanism. Additional sampling is warranted in this area to determine the extent of uranium contamination and confirm the enriched uranium result. Collection of soil samples beyond 5 cm bgs should be considered to determine vertical distribution of contaminants if former uranium handling activities at the loading dock area are indicated.

Area 3 is another 80-foot wide strip located immediately west of Area 2, extending 440 feet along the south CISS property line to a point 80 feet beyond the southwest CISS property comer. Designation of this area is based on the general observation of radiological contamination adjacent to the property boundary in Areas 2 and 3 and the absence of soil sample data in this area from the 1986 ORNL radiological survey. Shallow soil samples should be collected to fill this data gap.

4.0 Present Status

Transfer of property ownership to the CISS rail spur from Conrail to the U.S. Government is in progress. Access to the Conrail main rail line is being actively pursued (BNI, 1997b).

5.0 References (enclosed unless noted otherwise)

Oak Ridge National Laboratory (ORNL), 1988. Results of the Radiological Survey at the Conrail Property South of the Colonie Site, Albany, New York (AL141). February.

Scientific Ecology Corporation (SEC), 1997. Memorandum, C. Rieman, Bechtel National, Inc. to K. Fleming, Bechtel National, Inc., "CISS Erosion Control" September 23.

Bechtel National, Inc. (BNI), 1997a. Technical Memorandum, J. MaZ2oni, Bechtel National, Inc. to S. Ararit, Bechtel National, Inc., "Sediment Surveying, Sampling, and Evaluation of Analytical Results fromEas t and West Pavement Areas and Outfalls A and B at the Colonie Interim Storage Site" October 22. (not enclosed)

BNI, 1997b. Communication, T. G. Roberts. Bechtel National, Inc. to S. Nakasaki, Bechtel National. Inc., "Colonic VP • Conrai]" November 3.

6.0 Additional Enclosure

Figure 1, Colonie Interim Storage Site - Conrail Vicinity Property, "conrail.dgn" -1999 IB:08 410 962 7731 CENAB-EN-G P. OS

December 4.1997 Page 5

Table 1 Summary of Shallow Soil Sample Results 1986 ORNL Radiological Survey

Sample Sample U-238 Ra-226 Number1 Type (pCi/g) (PCl/fl) AU4L81 (31) Systematic 6.1 0.84 S2 Systematic 10 NA 83 Systematic 180 NA S4 Systematic 25 NA S5 Systematic 64 NA 69 Systematic 29 NA 87 Systematic 82 NA SB Systematic 79 NA S9 Systematic 68 NA S10 Systematic 32 NA S11 Systematic 89 NA S12 Systematic 150 NA S13 Systematic 38 NA S14 Systematic 13 NA 815 Systematic 19 NA S18 Systematic 41 NA S17 Systematic 6.5 NA B1 Biased 130 NA B2 Biased 180 NA B3 Biased 68 NA B4 Biased 810 NA B5 Biased 170 NA B6 Biased 680 NA B7 Biased 600 NA B8 Biased 220 NA B9 Biased 1100 NA 610 Biased 300 NA B11 Biased 420 NA B12 Biased 240 NA B13 Biased 260 NA

Notea: 1 Sample number abbreviated (I.e.. prefix 'AL14V removed) (or clarity In figure. NA not analyzed -1999 18:09 410 962 7731 CENA6-EN-G P.07

December 4,1997 Page 6

Table 2 Summary of Sediment Sample Results 1997 BNI Sampling Event

Sample U-238 Th-232 Ra-228 Number (pCVfl) (PCi/fl) (PCi/fl) 138-001 228.70 J 0.98 0.88 138-002 337.10 1.05 0.84 139-003 228.70 0.57 0.66 138-004 1956.00 1.70 0.76 139-005 252.40 J 0.59 0.60 138-006 9B.66 0.74 0.60 138-007 3.33 0.42 0.57 138-008 37.00 0.56 0.46 138-009 171.20 0.79 0.66 139-010 47.95 0.60 0.68 139-011 330.80 0.46 0.42 139-012 43.69 J 0.46 0.43 139-013 26.98 0.40 0.35 139-014 38.40 0.74 0.55 139-016 62.33 J 1.33 1.01 139-016 21.84 0.48 0.47 139-017 94.61 0.31 0.59 139-018 188.70 J 1.15 0.62

Notot: J estimated concentration 08-24-1999 18:09 410 962 7731 CENA8-EN-G

FUSRAP TECHNICAL MEMORANDUM

No. 139-98-001, Rev. No. 0

October 22,1997 Appendix C <5CLZ-oo\- 2, o/2 ^ ***

FEB-G8-2001 13:15 ARMY CORP ENGINE 212 2S4 0230 P.02/07

500 Water Suo« (J180) JacfcsonviDo, FL 32202 (904)359-1529 FAX: (904) 359-3665 THANSPOETKTION Sheila W. Bazar Dii»«or Property Services

DflCW51-9-00-005

July 6, 2000

File No. NYC-039095

VIA OVERNIGHT MAIL Esther Chalom, Esq. Real Estate Division, Room 1921 New York District, U.S. Army Corps of Engineers 26 Federal Plaza New York, New York 10128

Re: Right-of-Emry: Request for Access to Railroad Property at Colonie, NY, to Perform Certain Environmental Investigatory Work Dear Ms. Chalom: This responds to your request to conduct certain environmental investigatory work of the property of CSX Transportation, Inc. ("Railroad") at the location(s) designated on the attached map or drawing (the "Property") (Exhibit A). The environmental investigatory work to be performed (the Work") is pan of an investigation of the Colonie Site, 1130 Central Avenue (State Route 5), Colonie, Albany County, NY, and is generally described in the Proposed Scope of Work for die Investigation and Potential Response Action at the CSX Vicinity Property FUSRAP Project (Exhibit B). Railroad hereby grants to the United States Army Corps of Engineers, and its agents, employees, servants, and designated contractor(s) and subcontractor(s), hereinafter called "Licensee", the right and permission to enter upon Railroad property for the sole purpose of performing me Work described in Exhibit B at the Property designated in Exhibit A, which attachments are incorporated into and made a part hereof by reference, subject to the following terms, conditions and provisions: 1. The Workork :shal l be performed entirely at the cost and expense of Licensee and in a manner in all respects satisfactory to Railroad's Division Engineer, and further in such a manner to avoid harm to persons or property or interference with Railroad's operations. Prior to commencing fieldwork, a detailed work plan shall be prepared and provided to Railroad's Division Engineer. Railroad will be given an opportunity to approve the work plan or response documentation prior to any action being taken. 2. Licensee or Licensee's contractor shall notify Railroad's Division Engineer D J. Evers, One Bell Crossing Road, Selkirk, NY 12158, and Senior Manager - Environmental Remediation, Paul J. Kurzanski, 500 Water Street, J275, Jacksonville, FL 32202, (904-359-

7M 1PM A wc;n br/ai;b77sr/ aa:\7 rnci7 /on /7a FEB-08-2001 13:16 ARMY CORP ENGINE 212 264 0230 P.03/07

Esther Chalom, Esq. -2- July 6, 2000

3101), at least five (5) days before proceeding with any phase of the Work on the Property, and shall abide by all instructions of said Division Engineer concerning the safety of the Railroad or any parties on the Property as well as CSX Transportation - Environmental Department Safety Rules and Procedures (Exhibit C). Prior access arrangements shall be made by Licensee by contacting said Division Engineer by letter at the address given above or by telephone (518/767- 6557).

3. No equipment of Licensee, or its employees or contractors), shall be placed or operated, nor Work permitted to be performed at a distance closer than fifty feet (50') from the centerline of any Railroad track, without the Drior approval of the Division Engineer. No monitor or test well(s) shall be drilled or installed without separate written approval from the Rairoad. Precautions must be taken bv Licensee and its employees and contractor(s) to avoid interference with or damage to Railroad's real and personal property, including but not limited to signal and communication facilities, during the course of the Work. 4. Licensee's equipment, and that of its employees and contractors), must stay clear of all wire lines at, over or near the Property, as well as any other utility or structure located thereon, including fiber optic lines. 5. All equipment shall be moved across Railroad's track(s) ONLY at a public crossing, unless Licensee has entered into Railroad's standard Private Road Crossing Agreement. 6. The permission herein granted is subject to all existing uses and occupancies of the Property heretofore granted by Railroad to third parties. Licensee acknowledges that in agreeing to this Right-of-Entry, Railroad acts on its own behalf only and has no authority to act, and does not claim to act, on behalf of any other entity or pcrson(s) with respect to any right any such other entity or person(s) may have to object to this Right-of-Entry. Licensee shall secure the consent, and protect the facilities, of each such third party occupier of the Property. Licensee expressly agrees to comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (state, federal or local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act and state "One Call" - "Call Before YouDig" requirements. Licensee shall indemnify and hold Railroad harmless from any and all claims for damages to underground facilities of any entity or person caused by the performance of the Work. 7. Railroad shall furnish personnel, flagmen or watchmen, which, in Railroad's sole opinion, may be necessary to protect Railroad's facilities and traffic during the performance of the Work by Licensee, its employees or contractor(s). Licensee shall reimburse Railroad for the actual cost of said service, including all applicable surcharges, promptly upon receipt of bill(s) therefor. 8. In the event of leakage or spillage onto any Railroad property or any adjacent property of any hazardous wastes, hazardous substances or hazardous materials as a result of the Work, Licensee shall notify Railroad and, at Licensee's sole expense, promptly clean the Property (and any adjacent or nearby property to which such leakage or spillage may have spread) to the satisfaction of Railroad and any governmental agency having jurisdiction over said leakage or spillage. Should said leakage or spillage result in a fine, penalty, cost or charge being incurred by Railroad, Licensee shall promptly and fully reimburse and indemnify Railroad on account thereof

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Esther Chalom, Esq. - 3 - July 6,2000

9. To the extent permitted by federal law and subject to the availability of funds, the United States shall indemnify and save harmless Railroad from any and all claims for damages caused by the fault or negligence of the United States, its agents or employees, or contractors. 10. Licensee shall promptly notify Railroad's Division Engineer of any loss, damage, injury or death arising out of or in connection with Work performed under this Right-of-Entry. 11. Licensee shall provide in a timely manner, without charge to Railroad, copies of results or reports of soil tests, well logs, and test results generated from the sampling and analysis of groundwater, sediment or soil, or from test or monitoring wells located on the Property, to the Environmental Manager at the address listed in Paragraph 2. 12. This Right-of-Entry and the license granted herein shall not be assigned by Licensee without Railroad's prior written consent. 13. This Right-of-Entry may be modified or amended only in a writing executed by Railroad and Licensee. 14. Licensee will comply, or cause compliance, with any and all federal, state, county or city environmental statutes, ordinances, rules or regulations which may be applicable to the prosecution of the Work or the existence, maintenance, use or removal of any facilities constituting a part thereof. Any expense incident thereto shall be borne by Licensee. 15. This Right-of-Entry and the license granted herein does not constitute a grant of any permanent easement and shall terminate upon completion of the Work, or at midnight June 30, 2003, whichever first occurs, unless extended in writing by Railroad. 16. Upon expiration or termination of this Right-of-Entry, Licensee, at its sole cost, shall restore the Property affected by the Work to a condition satisfactory to Railroad's Division Engineer.

If the provisions and terms of this Right-of-Entry are acceptable to Licensee, please have the appropriate official sign both copies in the space provided below, and then return one duplicate original to the undersigned, together with all other documents or instruments required to be submitted to the Railroad by the terms hereof. If you have any questions, please contact me at (904) 359-1529. Yours very truly,

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PRINTED NAME: lldfetTtT^teS. lUn** TITLE: Q+lj

Exhibits: A) Map of the Property B) Description of the Work C) CSX Transportation - Environmental Department Safety Rales and Regulations

cys: Brad Eaton Project Engineer U. S. Army Corps of Engineers 1130 Central Avenue Albany, NY 12205 Division Engineer D. J. Evers Selkirk, New York Paul J. Kurzanski Senior Manager - Environmental Manager

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EXHIBIT B }% *•

PROPOSED SCOPE OF WORK FOR "THE INVESTIGATION AND POTENTIAL RESPONSE ACTION AT THE CSX VICINITY PROPERTY FUSRAP PROJECT

1. Background:

The Formerly Utilized Sites Remedial Action Program (FUSRAP) was established in 1974 by the Department of Energy to study and take appropriate cleanup action at sites where work had been performed as part of the nation's early atomic energy program. The Colonie Site is located at 1130 Central Avenue (State Route 5) in the Town of Colonie, Albany County, New York The site was once owned and operated from 1937 to 1984 by National Lead, Inc (NL). During these years, NL carried out a number of processes using radioactive materials consisting primarily of depleted uranium (source material), but also of thorium (source material) and enriched uranium (special nuclear material). The United States Department of Energy (DOE) acquired ownership of the Colonie Site in 1984, for the purpose of remediating it under FUSRAP. On October 13, 1997, responsibility for the administration and execution of FUSRAP was transferred to United States Army Corps of Engineers (USACE) pursuant to the Energy and Water Development Appropriations Act of 1998 (Public Law 105-62). Public Law 105-245, the Energy and Water Development Appropriations Act of 1999, mandated that response actions taken by USACE under FUSRAP be performed subject to the provisions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The Colonie Site is bound to the southwest and south by CSX railroad tracks. The parcel of land where these tracks are have been identified as a vicinity property (VP) under FUSRAP, that is a property which is known to have residual radioactivity as a result of atmospheric dispersion of radioactive materials from operations at the Colonie Site. USACE and its contractors will need to enter upon this parcel of land to remove contaminated debris, perform a radiological survey, conduct sampling, install groundwater monitoring wells, and possibly excavate potential contaminated soil and backfill

2. Proposed Scope of Work:

Scope of Work shall include, but may not be limited to the following.

A. Establishment of survey benchoiarks/centerline: A baseline or centerline will be established over the entire parcel along with benchmarks for accurate mapping of future and historical data points.

B Removal and Off-Site Disposal or Rail-Ties: Any discarded/replaced rail ties or other debris that may be radiologically contaminated will be removed and placed within the boundaries of the Colonie Site for proper disposal at a later date

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C. Radiological Survey: An initial radiological walkover survey will be conducted.

D. Surface and Subsurface Soil Sampling and Ceoprobe Sampling: Based on the results of the radiological survey, surface and subsurface soil samples will be obtained to delineate the extent of radiological contamination. Geological probes will be used to assess the groundwater quality and evaluate the potential for off- site migration of contaminants.

E. Soil Excavation/Remediation: If the results of the survey and sampling indicate that a response is needed, the appropriate response documentaiion shall be prepared and an agency approved response action shall be implemented. The action may include excavation and removal of soils that exceed established remediation goals for the property. Any excavated soils will be replaced with clean backfill.

F. Installation of Groundwater Monitoring Wells: If necessary, permanent- monitoring wells may be installed at appropriate locations within the CSX vicinity property.

G. Preparation of Work. Plans, Report of Findings and Response Documentation: Prior to commencingfieldwork, a detailed work plan shall be prepared. CSX will be given an opportunity to review the work plan or response documentation prior to any action being taken. CSX will also be given a copy of the report offindings, upo n completion of thefield activities.

2. Site Restoration:

a. All tools, equipment, and other property taken upon or placed upon the land by the USACE or its contractor shall remain the property of US ACE and may be removed by USACE at any time, within a reasonable period after the expiration of the access agreement. b. If any action by USACE or its contractor results in damage to the real property while performing the task* listed above, USACE will, at its option, either repair such damage or make an appropriate settlement with CSX. c. USACE and its contractor will take all reasonable steps to ensure that no activities undertaken pursuant to the access agreement will disturb or interfere with any of the CSX rail operations. USACE shall coordinate all response activities with CSX. CSX shall provide aflagman durin g excavation, as previously agreed. USACE shall notify CSX immediately if at any timether e is a potential for the fieldactivitie s to cause an interruption in rail services.

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500 Water Street. SC J180 d5)C Jacksonville, FL 32202-4423 ^ (904)359-1003 FAX: (904)359-3665 CSX E-Mail: [email protected] TRANSPORTATION FILE copy Charles F. Myers Manager Contract Administration November 14,2002

Agreement No. NYC-039095-001

Mr. Joseph Pierce Project Engineer U. S. Army Corps of Engineers 1130 Central Avenue Albany, NY 12205

Dear Mr. Pierce:

Attached is fully-executed original of Agreement No. NYC-039095-001, dated October 18,2002.

It is your responsibility to schedule the installation with CSXT Roadmaster, Telephone: (518) 767-6579 (ideally between the hours of 6:30 AM and 8:30 AM), FAX: (518) 767-6261, at least seven (7) days in advance of the date you desire to commence the project. No work is to be performed on Railroad property without Roadmaster's authorization.

This agreement, and your right to use the road crossing, will expire on April 1, 2004. Please make a note of this date. If you require use of the crossing beyond that date, it is your responsibility to request an extension, at least 30 days prior to expiration of the agreement. In the absence of such a request, the crossing will be scheduled for removal on or about the expiration date.

Very truly yours,

Charles F. Myers'

Attachment Page 1 Agreement No. NYC-039095-001

TEMPORARY PRIVATE ROAD GRADE CROSSING AGREEMENT

THIS AGREEMENT, Made as of October 18, 2002, by and between CSX TRANSPORTATION, INC., a Virginia corporation, as Operator for New York Central Lines LLC, a Delaware limited liability company, a wholly-owned subsidiary of Consolidated Rail Corporation, a Pennsylvania corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter, jointly called "Licensor," and THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH ITS DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, whose mailing address is 1130 Central Avenue, Albany, New York 12205, hereinafter called "Licensee," Licensee has entered into an access agreement with CSX Transportation, Inc. NYC-039095 for environmental investigation and remediation dated July 7, 6, 2000. The access agreement requires this Private Crossing Agreement as a precondition to Licensee crossing the railroad tracks,WITNESSETH:

Licensor, subject to the limitations herein, for and in consideration of the fee(s) to be paid by Licensee and of the covenants, terms, conditions and agreements herein to be kept and performed by Licensee, hereby grants to Licensee the right or license to use a temporary private road at grade across the track(s) and property of Licensor, at or near Albany, County of Albany, State of New York, DOT/AAR No. 918492X, hereinafter called "Crossing," said Crossing being twenty (20) feet wide, the center line of which extends across said right-of-way and intersects the center line of Licensor's one (1) track(s) at Valuation Station 7785+00, Milepost QC-147.44, Hudson Subdivision as shown on Drawing Number: CM-039095-001, dated October 18, 2002 attached hereto and made a part hereof.

NOW, THEREFORE, in consideration of the sum of ONE AND 00/100 U.S. DOLLAR ($1.00) and covenants upon the part of Licensee to be kept and performed as hereinafter expressed, Licensor, insofar as it has the legal right to do so, and subject to all other existing occupations of the Crossing, hereby grants to Licensee permission and license to use said Crossing.

1. CONSTRUCTION:

1.1 Licensee shall perform or cause all Licensee's construction and maintenance under this Agreement to be performed in a prudent and workmanlike manner, in conformity with any applicable statutes, orders, rules, regulations and specifications of any public authority having jurisdiction over the Crossing and under conditions satisfactory to and approved by Licensor. Said construction and maintenance shall be performed at such times and in such manner as not to interfere with the movement of Licensor's trains.

1.2 In the event Licensee contracts for the performance of any Crossing work, Licensee shall require its contractor(s) and/or subcontractor(s) to comply with all the terms of this Agreement. Page 2 Agreement No. NYC-039095-001

1.3 In the event Licensee fails, in the judgment of Licensor, to comply with any construction or maintenance requirement of this Agreement, Licensor, without waiving any other provision of this Agreement, may either furnish the labor and materials required to do such work, at the sole cost and expense of Licensee, or terminate this Agreement in accordance with Article 12.1 hereof.

1.4 Licensee shall be solely responsible for any relocation or protective encasement of any subsurface pipe or wire lines (telephone, electrical power transmission or distribution, fiber optic, cable television, water, sewer, gas or petroleum products, et al.) and for necessary relocation of surface structures or facilities (fences, towers, poles, etc.) incident to Licensee's construction (or reconstruction) of the Crossing.

2. REPAIRS:

2.1 Licensee, on written request of Licensor, will promptly and in any event within thirty (30) days from date of such request, repair said Crossing in such manner as shall be designated by Licensor.

2.2 If Licensee fails to so comply with such request, Licensor may either make such repairs as may be necessary, or, at Licensor's option, take and wholly remove said Crossing from Licensor's right-of-way, the cost of which Licensee agrees to pay, upon appropriation of funds, as per bill provided in accordance with Section 2.

3. LICENSE FEE: TERM:

3.1 In addition to all other considerations mentioned herein, Licensee agrees to pay Licensor an annual License Fee of N/A U.S. DOLLARS (N/A). Licensee agrees that the License Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis.

4. LICENSOR COSTS:

4.1 Licensee will pay to Licensor, upon appropriation of funds, all bills rendered by Licensor, the full amount of all costs and expenses which may be incurred by Licensor in protecting its track(s) and maintaining traffic thereover while said Crossing is being installed or during any repair, renewal, relocation or removal of said Crossing. Page 3 Agreement No. NYC-039095-001

5. TRACK ALTERATIONS, COSTS:

5.1 Should Licensee's construction, maintenance or repair of said Crossing cause any change or alteration in the location or arrangement of tracks, wires, poles or other property of Licensor, the cost of such alteration or rearrangement shall be paid by Licensee, upon bill from Licensor and upon appropriation of funds.

5.2 No future alteration in or changes to the Crossing shall be made without submission of plans to Licensor's [*] for approval prior to such change.

6. RELOCATION:

6.1 In the event Licensor's use of its right-of-way and/or property, or any changes in or additions to Licensor's track(s), shall hereafter make necessary any change in said Crossing, including the relocation thereof to another Crossing, Licensee shall make such change in said Crossing, at Licensee's expense, as may be necessary in the opinion of the Licensor within twenty (20) days after notice in writing given to said Licensee. 7. OPERATIONAL INTERFERENCE:

7.1 Licensee will cooperate with Licensor and, at Licensee's expense, shall make such changes in Licensee's Crossing or attendant facilities, and, upon appropriation of funds, assume expense of any change in signal or communication lines of Licensor as may be found necessary to eliminate any interference that may at any time develop with respect to the operation of Licensor's telegraph, telephone, power line or signal circuits or apparatus by reason of the proximity of Licensee's Crossing.

8. DAMAGES, RISK, COSTS:

8.1 Licensee, by the acceptance of this License, releases Licensor from any and all claims or demands for injuries or damages to Licensee, its employees or agents, or its Crossing or other property, arising by, through, from or out of its use of the Crossing or any other property of Licensor under this License.

8.2 To the extent that it may legally do so, as authorized by the Federal Tort Claims Act, the Tucker Act, or other Acts of Congress, Licensee will indemnify and hold Licensor harmless from and against any and all liability or claims (including attorney fees) for personal injury to (including death of) any persons or damage to (including destruction of) any property, caused by the negligent construction, repair or use of said Crossing by Licensee or Licensee's contractor(s). Page 4 Agreement No. NYC-039095-001

9. CONTRACT INSURANCE:

9.1 During the installation of said Crossing, Licensee shall require each contractor to furnish Licensor (Attention: Director-Casualty Insurance) a certified copy of Contractor's Liability Insurance Policy applicable to this License (evidencing said applicability by a contractual liability endorsement stating that the insurance is applicable to the obligations assumed by Licensee and Contractor under this License) in the recommended amount of THREE MILLION AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit for bodily injuries, death or property damage, per occurrence, arising during the policy period. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code J907 at the address listed above.

9.2 The insurance carrier and the amount of actual coverage shall be subject to the prior approval of Licensor.

9.3 Such insurance shall contain notification provisions whereby the insurance carrier agrees to give thirty (30) days written notice to Licensor of any stop in coverage or cancellation of the policy.

9.4 Notwithstanding any of the provisions of this agreement with respect to insurance, it is understood and agreed that the liability assumed by Licensee shall not be limited to the insurance coverage stipulated herein.

10. REVISED PLANS:

10.1 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all or any part of Crossing, plans therefor shall be submitted to Licensor for approval before any such change is made.

10.2 After approval of revised plans, the terms and conditions of this License shall apply thereto.

11. FLAGGING, COSTS:

11.1 If Licensor deems it advisable, during the progress of any construction, maintenance, repair, renewal, alteration, change or removal of said Crossing, to place watchmen, flagmen, inspectors or supervisors for protection of operations of Licensor or others on Licensor's property, Licensor shall have the right to do so, all cost or expense thereof payable by Licensee, upon billing as above from Licensor, subject to appropriation of funds.

11.2 Subject to Licensor's consent and to Licensor's railroad operating rules and labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all times of construction, in place of Licensor so doing. Page 5 Agreement No. NYC-039095-001

12. TERM:

12.1 This Agreement shall be and remain in effect until April 1,2004, unless terminated earlier by either party giving to the other thirty (30) days' written notice of such termination.

12.2 Upon failure of Licensee to perform or comply with any term, covenant, clause, or condition herein contained, this Agreement may be terminated immediately upon notice by Licensor. After such notice of breach, Licensor may barricade or otherwise block said Crossing until removed by Licensee, at sole risk and expense of Licensee.

12.3 Within thirty (30) days after termination of this Agreement, unless the parties hereto otherwise agree, said Crossing shall be removed, all approaches barricaded, and right-of- way of Licensor restored in a manner satisfactory to Licensor, all at the sole cost and expense of Licensee. All removal and restoration work to be performed on that portion of said Crossing between the rails of said track(s) and for two feet (2') beyond each rail shall be done by Licensor, at Licensee's sole cost and expense.

12.4 If Licensee fails to make removal as in Section 12.3, Licensor may remove same, by Licensor employee or contract forces, at Licensee's sole risk, cost and expense.

12.5 All rights which Licensee may have hereunder shall cease and end upon the termination date so specified; provided, however, that termination of this Agreement shall not in any manner affect any claims and liability which may have arisen or accrued hereunder prior to termination, and which, at the time of termination, have not been satisfied.

BREACH OR DEFAULT:

13.1 The proper and complete performance of each and every of the covenants of Licensee herein contained shall be deemed of the essence of this License, and in the event Licensee shall fail or refuse to fully and completely perform any or all of its said covenants for thirty (30) days after notice requiring it so to do, made by Licensor, then Licensor shall have the option of terminating this License, regardless of rental (if provided herein) having been paid in advance, and of revoking the privilege and powers hereby conferred.

13.2 Upon such revocation, Licensee shall remove the Crossing. Page 6 Agreement No. NYC-039095-001

14. TITLE:

14.1 The term "license," as used herein, shall mean with regard to any portion of the Right-of-Way which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Crossing is located otherwise permits Licensor to make such grants to Licensee, a "permission to use" the Right-of-Way, with dominion and control over such portion of the Right-of-Way remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Right-of-Way occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Right-of-Way and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Right-of-Way. Licensee further acknowledges that it does not have the right to occupy any portion of the Right-of-Way held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Right-of-Way that would impair Licensor's existing rights therein.

14.2 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right, to any claim against Railroad for damages on account of any deficiencies in title to the Right-of-Way in the event of failure or insufficiency of Railroad's title to any portion thereof arising from Licensee's use or occupancy thereof.

14.3 Licensee agrees to full and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon Licensee's facilities placement, or the presence of Licensee's facilities in, on or along any Crossing(s), including claims for punitive or special damages.

14.4 Nothing in this Agreement shall be deemed to give, and Licensor hereby expressly waives, any claim of ownership in and to any part of Licensee's Crossing.

14.5 Licensee shall not create or permit any mortgage, pledge, security, interest, lien or encumbrances, including without limitation, tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation, repair, maintenance or operation of Licensee's Crossing in or on any portion of the Occupancy (collectively, "Liens or Encumbrances"), to be established or remain against the Occupancy or any portion thereof or any other Licensor property.

14.6 In the event that any property of Licensor becomes subject to such Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Lien or Encumbrances has been filed or docketed against the Occupancy or any other property of Licensor; however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. Page 7 Agreement No. NYC-039095-001

14.7 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by the Crossing(s), nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein created.

15. NOTICE:

15.1 Licensee shall give Licensor's Chief Regional Engineer-Eastern Region (CSX Transportation, Inc, Albany Division Building, One Bell Crossing Road, Selkirk, NY 12158) at least five (5) days written notice before doing any work of any character hereunder on Licensor's property. In the case of an emergency, shorter notice may be given by telephone, confirmed within forty-eight (48) hours by wire, telex, fax or courier notice.

15.2 All other notices and communications concerning this License shall be addressed to Licensee at the address above and to Licensor at the address shown on Page 1, c/o CSXT Contract Administration, Jl 80, or at such other address as either party may designate in writing to the other.

15.3 Unless otherwise expressly stated herein, all notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, and shall be effective upon actual receipt or upon date of refusal of delivery.

16. CONGRESSIONAL LIMITS:

16.1 No member of or delegate to Congress or resident Commissioner shall be admitted to any share or part of this License or to any benefit derived therefrom.

16.2 Nothing herein contained, however, shall extend to any incorporated company if the agreement be for the general benefit of such corporation or company.

17. FEDERAL FUND APPROPRIATION LIMITS:

17.1 It is understood by both parties that Licensee is completely dependent upon appropriations to finance its operations and to honor any obligations assumed in its behalf by its agents, officers and employees. Therefore, it is recognized and agreed that each and every obligation hereinabove assumed by Licensee which requires an expenditure of funds or reimbursement of costs is made contingent upon availability of such funds.

17.2 Notwithstanding such limitation, Licensee agrees to seek such appropriation for all costs and expenses incurred and billed in accordance with the terms of this Agreement.

18. NON-ASSIGNMENT:

18.1 The rights under this License shall not be assigned by Licensee without the written consent of Licensor having been first obtained. Page 8 Agreement No. NYC-039095-001

19 SAMPLING WASTE:

19.1 Any waste materials, including without limitation purge waters or other investigation or construction - related waste, generated during performance of the Crossing construction, use or removal shall be handled in accordance with federal, state and local laws and regulations and shall not be stored on Railroad property. In the event of leakage or spillage Onto any Railroad property or any adjacent property of any investigation or construction related waste or other solid or hazardous wastes, hazardous substances or hazardous materials as a result of the Crossing construction, use or removal, Licensee shall immediately notify railroad and, at Licensee's sole expense, promptly clean the property (and any adjacent or nearby property to which such leakage or spillage may have spread) to the satisfaction of Railroad and any governmental agency having jurisdiction over the leakage or spillage. Should the leakage or spillage result in a fine, penalty, cost or charge being incurred by Railroad, Licensee shall promptly and fully reimburse and indemnify Railroad pursuant to this Agreement.

IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written.

Witness for Licensor: CSX TRANSPORTATION, INC. By: ^mha^S^

Print/Type Name: Karen E. Mohler Director • Contract Administration Print/Type Title:

Witness for Licensee: UNITED STATES OF AMERICA UNITED STATES ARMY CORPS OF ENGINEERS By: ^rt

Who, by the execution hereof, affirms that he/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement.

Print/Type Name: . U^plx F P,'e Cr t

Print/Type Title: YrArr\ Ertd'.rtger

Social Security No.: ^\ r^l/A x

Tax Identification No. fek

I, RACHEL E. GEIERSBACH , certify: that I am Secretary of CSX TRANSPORTATION, INC., named as Licensor herein; that Z^^) £. /7?0/h/f^- , who signed this License on behalf of CSX TRANSPORTATIONJ,INC.,wa, INC., was: then 3WAr - rinU^ /knn. of said CSX TRANSPORTATION, INC.; that said License was duly signed for and on behalf of said CSX TRANSPORTATION, INC., by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEREOF, I have hereunto affixed my hand and seal of the said CSX TRANSPORTATION, INC., this/£-_ day of ^^>J^ , &ZW&

Asesfcwrt Secretary

(Corporate Seal) EXHIBIT A-40

DISTANCE ALONG ROADWAY WARNING: LICENSEE MUST INQUIRE IF HE/SHE TO STOPPED VEHILCE; BELIEVES THE TRAIN SPEED IS IN EXCESS OF 40 mph

R = 15ft. (min.) to 26ft. (max.

•J" DISTANCE OF CLEAR SIGHT LEGEND ALONG TRACK: T = 600ft. FOR TRAIN SPEEDS A OF 40mph OR LESS REFLECTORIZED STANDARD HIGHWAY "STOP" SIGN INSTALLED AND MAINTAINED BY LICENSEE CSX TRANSPORTATION DESIGN & CONSTRUCTION PRIVATE ROAD CROSSING SIGHT CLEARANCE AREA. CLEARED SIGHT CLEARANCE DISTANCES AND MAINTAINED BY LICENSEE FOR TRAIN SPEEDS OF 40 mph OR LESS ff« m

RIGHT OF WAY MAP YORK CENTRAL RAILROAD CHICAGO LINE .S)& FROM ST/w 7761*50.92 TO ST A.. 78H*fS.S7 LIKE CODE 4700 MILEPQST 147.0 TO H8.0 VAL SECTION OS20 / •2, RECORD MAP REFERENCE V2 Fte «*-••• "/y'/o FILENAME 470014700 ADMINISTRATIVE SERVICES PHILADELPHIA. PA.

300

75 ~ L. 200 Graphic Seal*

CMiiuiustt* PROPERTY LEASE

THIS LEASE dated as of this2 day o\/%fc^*JL , 1999, between CONSOLIDATED RAIL CORPORATION, a Pennsylvania corporation, througr/its Regional Real Estate office, which has a mailing address at One Bell Crossing Road. Selkirk, NY 12158-9618 ("Landlord"), and ICF KAISER ENGINEERING, INC., having a mailing address at 2113 Emmerton Park Road, Edgewood, MD 21040 ("Tenant").

WITNESSETH:

The parties, intending to be legally bound, agree as follows:

1. PREMISES

Landlord hereby leases to Tenant the premises located at in the Town of Colonie, County of Albany, and State of New York, near Line Code 4700, Mile Post 147, as more fully described on Exhibit A (dated 1/15/99) to this Lease (the "Premises").

2. TERM

Except as otherwise specifically set forth in this Lease, the term of this Lease (the "Lease Term") shall commence on March 1, 1999 (the "Commencement Date") and shall end upon thirty (30) day's notice from either party (the "Expiration Date").

3. RENT

;. 3.1 Base Rent. Rent for the Premises ("Base Rent") shall be Ten Thousand Two Hundred Dollars (S10,200.00) per annum, payable in the amount of S850.00 per month the first of each March, subject to increases as provided for in Section 3.5 hereof. Tenant shall send all Base Rent and Additional Rent with the Rent Account Number to P.O. Box 8500-4450, Philadelphia, PA 19178-4450, or to such other address as Landlord may indicate by notice to Tenant. Landlord hereby acknowledges receipt from Tenant of $850.00 as security for Tenant's performance of this Lease, which deposit shall be non-interest bearing.

3.2 Additional Rent. All other amounts, liabilities and obligations which Tenant agrees to pay or cause to be paid pursuant to this Lease shall constitute rent payable hereunder ("Additional Rent") in addition to the Base Rent specified in Section 3.1. Tenant shall pay Landlord such Additional Rent within ten (10) days after receipt of invoices from Landlord, unless Landlord, in the case of taxes, directs payment be made to the taxing or assessing authority.

3.3 Payment of Rent. Tenant shall pay Base Rent and Additional Rent without prior demand, setoff, or counterclaim. Landlord may apply each payment of Base Rent or Additional Rent when received in such order as Landlord may determine, regardless of any rule, law, practice or custom between Landlord and Tenant. No payment shall operate as an accord and satisfaction, notwithstanding any statement or endorsement accompanying such payment.

3.4 Late Payments. If Tenant does not pay Base Rent or Additional Rent within a period of ten (10) days from the day same shall have been due and payable, then Tenant shall pay a service charge at the rate of 1.5% per month (or at the legal maximum in the jurisdiction in which the Premises are located, whichever is greater) on the amount of any such Base Rent or Additional Rent unpaid; provided, however, that such service charge shall, in no event, be less than $25.00 for any month or portion thereof.

3.5 Base Rent Increase. The rent provided in Section 3.1 as the current Base Rent shall be changed on an .annual basis, by the same percentage increase as reflected in the "Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W)(1967 = 100)" specified for "All Items - United States" compiled by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). In no event, however, shall the rent be less than the then applicable Base Rent.

The current Base Rent payable shall be changed in accordance with the following:

(i) The current Base Rent shall be adjusted annually, commencing March 1, 2000. (ii) Each adjustment shall be made with reference to the price index for the fourth month immediately proceeding the effective date of each adjustment (Current Price Index), (iii) Each such adjustment shall be made by determining the percentage change of the then \ Current Price Index over the price index for the full calendar month of the effective date of this Lease ("Base Price Index"), (iv) Such percentage shall be computed by (1) obtaining the difference between the Current Price Index and the Base Price Index and (2) dividing such difference by the Base Price Index, (v) The percentage thus determined shall be multiplied by the then applicable current Base Rent hereinabove set forth, and the product thus determined shall represent the change payable in addition to the current Base Rent until a subsequent adjustment shall be made under this Section.

In the event the Index shall hereafter be converted to a different standard reference base or otherwise revised, the determination of the percentage change shall be made with the use of such conversion factor, formula or table for converting the index as may be published by the Bureau of Labor Statistics or, if said Bureau shall not /9// publish the same, then as shall be reasonably determined by Landlord. <0£¥^- r///(

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• Tenant shall use the Premises solely for Tenants fence and concrete pad to load * Uranium contaminated dirt, and for no other purpose.

RESERVED FACILITIES

© 5.1 Use of Reserved Facilities. Landlord may operate existing railroad and related transportation services on or adjacent to the Premises. Landlord reserves the right to operate, maintain, repair, replace, augment, or relocate (provided that said relocation or augmentation does not unreasonably interfere with Tenant's use of the Premises for the purposes set forth in Section 4) any Reserved Facilities existing within or adjacent to the Premises. This Lease is subject and subordinate to any right which Landlord or any easement holder, tenant, or licensee of Landlord may have in the Reserved Facilities. Tenant shall not interfere with the maintenance or operation of the Reserved Facilities, or the rights of any easement holders, lessees, or licensees with respect thereto. Tenant shall maintain prescribed clearances for all railroad tracks on or adjacent to the Premises. All such clearance areas shall be kept free of any obstruction.

5.2 Definition of Reserved Facilities. The term "Reserved Facilities" shall mean any existing tracks, pipes, conduits, thoroughfares, roads, tunnels, electric communication and signal transmission lines and poles and guys for such lines, and any other facilities of similar nature on, above or below the ground, belonging to any party whomsoever.

-2- 6. TAXES AND ASSESSMENTS

Tenant shall pay all taxes (including without limitation, real estate, transfer, sales and use taxes), assessments (including without limitation, all assessments for public improvements or benefits, whether or not to be completed during the term of this Lease), water, sewer and other rents, rates and charges, excises, levies, ficense fees, permit fees, inspection fees and other charges (including all interest and penalties thereon) which a^ any time during the term of this Lease may be assessed, levied, confirmed or imposed against the Premises or against any improvements made by Tenant, or other property of Tenant, real or personal, located on the Premises. If the Premises are not taxed as a parcel but are taxed as part of a larger parcel, Tenant shall pay an equitable portion, as fixed by Landlord, of the taxes and the assessments upon the whole tract or parcel of which the Premises are a part. Notwithstanding anything to the contrary set forth above, Tenant shall not be responsible for income, succession, transfer or franchise taxes imposed against Landlord.

7. UTILITIES

Tenant, at its sole cost and expense (including fees for permits and similar documents) shall obtain all utility services required or desired by Tenant, including the installation of meters and submeters if none exist. Tenant shall be responsible for all charges for utilities consumed by, and supplied to, Tenant by the provider thereof. Tenant shall not obtain any utility service from any of Landlord's facilities without first obtaining the prior consent of Landlord.

8. CONDITION OF PREMISES

Tenant has fully inspected and accepts the Premises in "as is" condition as of the date of this Lease. Landlord makes no representations or warranties with respect to the Premises including, without limitation, such matters as zoning, condition, utility, or fitness of the Premises or any improvements thereon for any use. Except with respect to any Reserved Facilities, Tenant shall perform all maintenance (including without limitation, snow and ice removal) and repairs necessary to keep the Premises and any improvements now or hereafter existing thereon in good order and repair and in a safe condition. Landlord shall have no obligation whatsoever to maintain or repair the Premises or any improvements. Nothing set forth in this Section shall be deemed to modify the apportionment of responsibility for Environmental Claims provided for in Section 13. Tenant shall provide notice to Landlord of any damage to the Premises of any nature.

9. * SIGNS AND IMPROVEMENTS

Tenant shall not: (i) place any sign or advertising; (ii) or construct new improvements (including, without limitation, any underground storage tanks); or (iii) modify, alter, replace, remove any existing improvements on the Premises; or (iv) change the existing grade or topography of the Premises, without the prior consent of Landlord, in Landlord's sole discretion. Tenant shall completely remove all improvements made by Tenant upon the Premises prior to the termination of this Lease and restore the Premises to a condition satisfactory to Landlord. Tenant shall provide Landlord with a minimum of thirty (30) days prior notice when Tenant intends to

10. COMPLIANCE WITH LAW

Except with respect to any Reserved Facilities, Tenant, at its own cost and expense, shall promptly comply with all present and future laws, regulations, and orders of all governmental authorities affecting the Premises (hereinafter collectively referred to as "Governmental Requirements") whether or not Landlord shall be responsible primarily for compliance with such Governmental Requirements. Notwithstanding the aforesaid, in the event that compliance with Governmental Requirements involves work on property other than the Premises, then Landlord shall equitably apportion the cost for such work to Tenant taking into account: (i) the extent that such work arises from the existence of this Lease; (ii) Tenant's use of the Premises; or (iii) the extent such work is related to the Premises. Tenant, at its sole cost and expense, shall be responsible for obtaining any permits or approvals required by reason of Tenant's use or occupancy of the Premises. Tenant shall immediately provide to Landlord copies of: (a) notices of any violations of Governmental Requirements concerning the Premises; and (b) any applications, submissions, plans, studies, or any data or information related to or associated with Tenant's compliance with Governmental Requirements, including without limitation, any permits.

11. ASSIGNMENT AND SUBLETTING

Tenant shall not assign, hypothecate, license or transfer any portion of Tenant's interest in this Lease or the Premises without the prior consent of Landlord, and any attempt to do so without such consent shall render same null and void. Tenant shall not permit any security interest in any third party to attach to the Premises or any part thereof, or any improvements or personal property now or hereafter placed or kept thereon, without the prior consent of Landlord, and any attempt to do so without such consent so shall render same null and void.

12. LIABILITY

12.1 Apportionment of Liability. Except as provided in Section 13, responsibility for Claims (as defined in Section 12.4) as between the parties shall be borne as follows:

(i) Landlord shall be responsible for Claims arising from Landlord's, and its directors', officers', employees', agents', contractors', or subsidiaries' negligence, and from Landlord's failure to comply with its obligations under this Lease when such failure is a contributing cause to such Claims;

(ii) Tenant shall be responsible for Claims arising from Tenant's and its directors', officers', employees', agents', contractors', or subsidiaries' negligence, and from Tenant's failure to comply with its obligations under this Lease when such failure is a contributing cause to such Claims;

:% (iii) The parties shall share in proportion to their respective degree of responsibility for all Claims arising from their and their directors', officers', employees', agents', contractors', or subsidiaries' joint or concurring negligence or failure to comply with their respective obligations under this Lease when any such failure is a contributing cause to such Claims. If Landlord is subjected to any Claims under the Federal Employers' Liability Act ("FELA") based on the allegation that Landlord failed with respect to the Premises to provide a safe place to work or failed to correct or guard against an unsafe condition, the standards of neg- ligence and causality established by FELA shall be applied in determining whether such Claims arose from the individual, joint or concurring negligence of Tenant and its directors, officers, employees, agents, subsidiaries and contractors.

(iv) Tenant shall be responsible for Claims arising from the presence on or use of the Premises by any trespassers, vandals or other unauthorized persons.

12.2 The negligence of any tenant, invitee, licensee or grantee of Tenant occurring on the Premises shall be deemed the negligence of Tenant. For the purposes of this Section 12, Landlord shall not be considered to be a tenant, invitee, licensee or grantee of Tenant.

12.3 Indemnification and Waiver. Except as otherwise provided in Section 12.1 (iii), the party which is responsible for any Claim shall release the other party from all responsibility for such Claims and shall defend, indemnify, protect, and save harmless the other party from and against all such Claims. Landlord and Tenant waive any constitutional, statutory or decisional immunity which would invalidate Landlord's or Tenant's obligation to indemnify the other party with respect to Claims asserted by employees of Landlord or Tenant. 12.4 Definition of Claims. The word "Claims" as used in this Section 12 shall mean all claims, liabilities, demands, actions at law and equity, judgments, settlements, losses, damages, and expenses of every character (including without limitation, attorneys' fees) for any injury to or death of any person or persons, and for any damage to or loss or destruction of property of any kind caused by, arising out of, or occurring in connection with this Lease or incidental or appertaining thereto. Except as may otherwise be specifically set forth in'tnjs Lease, neither party shall be liable for consequential damages under this Lease.

13. ENVIRONMENTAL

13.1 Apportionment of Responsibility. Notwithstanding the provisions of Section 10, Responsibility for Environmental Claims (as defined in Section 13.4) as between the parties shall be borne as follows:

(i) Landlord shall be responsible for Environmental Claims arising from: (a) environmental conditions existing on the Premises prior to the date of this Lease; or (b) use of the Premises or adjoining property by Landlord, and its employees, agents, contractors, or subsidiaries from and after the date of this Lease pursuant to Section 5 unless such Environmental Claims arise from Tenant's negligence or failure to comply with its obligations under this Lease, in which event Tenant shall be liable as set forth in Sections 13.1(H) or 13.1 (Hi); or (c) Landlord's failure, or that of its directors, officers, employees, agents, licensees or contractors, to comply with its obligations under this Lease when such failure is a contributing cause to such Environmental Claims.

(ii) Tenant shall be responsible for Environmental Claims arising from: (a) the use of or presence upon the Premises or adjoining property by Tenant and its employees, agents, contractors, subsidiaries, or any unauthorized third party; or (b) Tenant's failure, or that of its directors, officers, employees, agents, licensees, contractors, subsidiaries, to comply with Tenant's obligations under this Lease when such failure is a contributing cause to such Environmental Claims.

(iii) The parties hereto shall bear in proportion to their respective degree of responsibility for Environmental Claims arising from the joint responsibility of Landlord and Tenant as set forth in Sections 13.1(i) and 13.1(H).

_; 13.2 Indemnification. Except as otherwise provided in Section 13.1 (Hi), the party which is responsible shall release the other party from all responsibility for such Environmental Claims and shall defend, indemnify, protect and save harmless the other party from and against all such Environmental Claims. Neither party shall be liable to the other party for consequential damages.

13.3 Environmental Remediation.

(i) Remediation. Tenant shall immediately notify Landlord of any Release or threat of Release of any Hazardous Substances on or under the Premises, or any notice by any governmental entity with respect to a Release or threat of Release of any Hazardous Substances. Tenant shall permit Landlord and its contractors full, unrestricted and unconditional access to the Premises for the purpose of monitoring any Remediation conducted by Tenant, completing or engaging in a Remediation for which Landlord has any responsibility, or at Landlord's option, completing any Remediation for which Tenant is responsible pursuant to Sections 13.1 (ii) or 13.1 (iii) should Tenant fail to diligently pursue and complete such Remediation to the satisfaction of Landlord. Landlord's completion of any of Tenant's obligations hereunder shall not be deemed a waiver of Tenant's obligations under this Lease. Tenant shall immediately provide Landlord with all analytical data, quality assurance data, quality control data, field notes, reports, correspondence (including without limitation, any correspondence with any governmental entities), and any other related documents concerning any Remediation conducted by Tenant, including any final reports. Landlord shall have the right to review and approve any site investigation or any Remediation conducted by Tenant prior to its implementation. Landlord shall have the right to be present at any meetings with any governmental entity or representative thereof regarding any Remediation conducted by Tenant. Tenant shall perform any Remediation and environmental work required of it under this Lease with due diligence and in a good and workmanlike manner and Landlord shall have the right to accept all such work. Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in reviewing and monitoring any Remediation which is Tenant's responsibility under this Lease.

(ii) Base Rent Abatement. In the event any Remediation is required, Tenant shall not be entitled "to. any damages, actual or consequential, by reason of the Remediation's interference with Tenant's use of the Premises or damage to Tenant's property. If any Remediation results in a portion of the Premises being rendered unusable by Tenant for the purposes set forth in Section 4 for a period in excess of five (5) consecutive days, the Base Rent shall be reduced pro rata to reflect the area of the Premises rendered unusable; however, there shall be no abatement in the Base Rent for any interference with Tenant's use of the Premises due to a Remediation for which Tenant is either partially or wholly responsible pursuant to Sections 13.1(ii)or13.1(iii).

13.4 Definition of "Environmental Claims", "Hazardous Substances", "Release", and "Remediation".. The term "Environmental Claims" shall mean any cleanup, response, removal or remediation required by law including any Remediation ordered or required by a governmental entity related to the presence of any Hazardous Substances on the Premises or migrating therefrom affecting the air, soil, surface waters, ground waters, streams, sediments and similar environmental conditions caused by, resulting from, arising out of, or occurring in connection with this Lease. The term "Hazardous Substances" shall mean (a) any oil, flammable substance, explosives, radioactive materials, hazardous waste or substances, toxic waste or substances or other waste materials, substances or pollutants which (i) pose a hazard to the Premises or to persons on or about the Premises or (ii) cause the Premises to be in violation of any applicable law, ordinance or governmental regulation; (b) asbestos in any form which is or could become friable, urea formaldehyde foam insulation, transformers or equipment which contain dielectric fluid containing levels of polychlorinated biphenyls or radon gas; (c) any chemical, material or substance defined as or included in the definition of "hazardous substances", "hazardous waste", "hazardous materials", "extremely hazardous waste", "restrictive hazardous waste" or "toxic substances" or word of similar import by any agency or court or under any applicable local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto and including but not limited to the Comprehensive Environmental Response Compensation and Liability Act , 42 U.S.C. §§ 9601, et seq., as amended; the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., as amended; the Hazardous Materials Transportation Act, 42 U.S.C. §§ 1801, et seq. and the Federal Water Pollution Control Act, 32 U.S.C. §§ 1251, et seq.; (d) any other material or substance exposure to which is prohibited, limited or regulated by governmental authority or which may or could pose a hazard to the health and safety of the occupants of the Property or the owners or occupants of property adjacent to or surrounding the Property or any person coming upon the Property; and (e) any other chemical, materials or substance which may or could pose a hazard to the environment. The term "Release" shall have the meaning set forth in 42 U.S.C. Section 9601. The term "Remediation" shall mean any cleanup, response, removal mitigation, abatement, elimination or control of any Hazardous Substances as required by a governmental entity or law or the terms of this Lease.

13.5 Tenant shall not disclose, or permit to be disclosed or published, except as required by law, any reports concerning data or other information relating to or arising out of any environmental studies of the Premises without the prior consent of Landlord.

14. INSURANCE

14.1 Tenant shall at all times during term of this Lease and any extensions thereof, maintain, at its own cost and expense insurance of the following types and amounts.

(i) Workers' Compensation insurance in statutory amounts. Employer's Liability insurance with limits of at least $1,000,000 each accident, $1,000,000 each employee and $1,000,000 policy limit. (ii) Automobile Liability insurance with a limit of not less than $5,000,000 combined single limit, bodily injury and/or property damage per occurrence.

(iii) Public Liability insurance, including contractual liability insurance, with a limit of not less than $5,000,000 combined single limit, bodily injury and/or property damage arising out of bodily injuries to or death of all persons in any one occurrence and for damage to or destruction of property, including the loss of use thereof,*^ any one occurrence. In addition, said public liability policy shall also contain a separate sublimit for fire damage of at least $500,000 for any one fire.

(iv) All Risk Property insurance covering (a) any building or other improvements leased to Tenant, and (b) personal property owned by Tenant, property in Tenant's care, custody and control, as well as leasehold improvements made by Tenant, in any amount not less than 100% of the full replacement cost thereof. Such insurance shall contain a waiver of subrogation against Landlord and shall name Landlord as Loss Payee as its interests may appear.

14.2 Any Tenant's insurance with respect to this Lease and/or the Premises, or on the property of the Tenant, or in Tenant's care, custody and control, shall contain a waiver of subrogation against Landlord.

14.3 The insurance coverages set forth in this Section shall be enforceable by any legitimate claimant after the termination of this Lease, so long as the basis of the claim against the insurance company occurred during the periods of time for which such insurance was obtained.

14.4 Tenant shall furnish Landlord certificates evidencing the insurance required by this Section prior to the commencement of this Lease. Landlord shall be named as additional insured on all such policies.

14.5 All insurance obtained pursuant to this Lease shall be endorsed to provide that the insurance company shall give thirty (30) days prior written notice to Landlord if such policies are to be terminated or modified in any respect. All insurance obtained pursuant to this Section shall be effected under standard form policies issued by insurers of financial responsibility which are rated "A" or better by either "Bests Insurance Reports", "Standard & Poor's Insurance Rating Service" or "Moodys Investor Service".

14.6 If requested by Landlord, Tenant shall furnish additional insurance coverage against such other hazards as Landlord may require. The providing of any insurance pursuant to this Lease shall not be deemed a limitation on the liability of Tenant as provided in this Lease, but shall be additional security therefor.

14.7 In the event of any substantial (of which fact Landlord shall be the sole judge) loss, damage to, or destruction of the Premises (if the Premises consist of a building or other similar improvements owned by Landlord), or any major system thereof, by any cause whatsoever, Landlord shall have the option, within thirty (30) days from the date thereof, of terminating this Lease by notice to Tenant, or, in the alternative, of requiring Tenant to repair such loss, damage, or destruction. If Landlord elects to terminate this Lease, such termination date shall be set forth in the notice from Landlord as aforesaid and Tenant shall forthwith endorse all insurance proceeds to Landlord. In the event Landlord elects to have Tenant repair such loss, damage or destruction, Tenant shall, within thirty (30) days of the date of Landlord's notice as aforesaid, submit plans to Landlord for its approval prior to the commencement of any repair work. If Landlord elects to have such loss, damage or destruction repaired, and if the Premises shall have been rendered wholly untenantable by reason thereof, Base Rent shall abate from the date of such loss, damage or destruction until the date of completion of repairs. In the event the Premises are rendered only partially untenantable by such loss, damage or destruction, Base Rent shall continue in full force and effect for that portion of the Premises which remain tenantable, and Tenant shall proceed to repair the Premises after submitting plans to Landlord for its approval within thirty (30) days following such loss, damage or destruction. Upon approval by Landlord of Tenant's repair plans, Tenant shall proceed immediately to commence such repairs and to diligently and continuously make same until completed at the earliest practicable date. In the event of a termination of this Lease by Landlord as aforesaid, all rent shall end as of the date of such loss, damage, or destruction, and any Base Rent paid beyond such date shall be refunded on a" pro-rata basis to Tenant. Notwithstanding anything to the contrary set forth above, no loss, damage to or destruction of the Premises, either in whole or in part, shall relieve Tenant from its obligation to pay any Additional Rent due and payable on the Premises.

15. CONDEMNATION

Jf all or any part of the Premises shall be acquired or taken under eminent domain proceedings, or transferred to a public authority in lieu of such proceedings, Landlord may terminate this Lease as of the date when possession is taken. All damages awarded for such taking shall belong to and be the property of Landlord. Tenant shall have no claim against Landlord by reason of such taking or termination and shall not have any claim or right to any portion of the amount that may be awarded or paid to Landlord as a result of any such taking. Tenant may, however, make claims against the condemning authority for moving expenses, loss of fixtures, or other matters which do not affect the award otherwise payable to Landlord so long as such claim does not reduce the award otherwise payable to Landlord.

16. DEFAULTS AND REMEDIES; WAIVER OF REDEMPTION

16.1 Events of Defaults. If during the term of this Lease or any renewals thereto, any one or more of the following acts or occurrences (any one of such occurrences or acts being hereinafter called an "Event of Default") shall happen:

(i) Tenant shall fail to make the payment of any installment of Base Rent or Additional Rent or default in any other way curable by the payment of money, as and when the same shall be due and payable, and such failure shall continue for a period of five (5) days after notice thereof from Landlord to Tenant; or

(ii) If Tenant assigns this Lease or sublets the Premises without Landlord's consent as provided in Section 11; or

(iii) Tenant shall file a voluntary petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, composition, readjustment, liquidation, dissolution or similar relief under any present or future bankruptcy or other applicable law, or make an assignment for the benefit of its creditors, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver, custodian or liquidator of Tenant or of all or any substantial portion of its assets; or

(iv) If within sixty (60) days after the filing of an involuntary petition in bankruptcy against Tenant or the commencement of any proceeding against Tenant seeking any reorganization, composition, readjustment, liquidation, dissolution or similar relief under any present or future bankruptcy or other applicable law, such proceeding shall not have been dismissed; or if, within sixty (60) days after the appointment (without the consent or acquiescence of Tenant) of any trustee, receiver, custodian or liquidator of Tenant, or of all or any substantial part of the properties of Tenant or of all or any part of the Premises, such appointment shall not have been vacated or stayed on appeal or otherwise discharged; or if, within sixty (60) days after the expiration of any such stay, such appointment shall not have been vacated; or if within sixty (60) days after the taking of possession (without the consent or acquiescence of Tenant) of the property of Tenant by any governmental office or agency pursuant to statutory authority for the dissolution or liquidation of Tenant, such taking shall not have been vacated or stayed on appeal or otherwise discharged; or

(v) Tenant shall fail in the strict observance or performance of or compliance with any of the other covenants, agreements, terms or conditions of this Lease to be observed or performed by Tenant (other than any Event of Default specifically described in this Section 16.1), and such failure shall continue for a period of fifteen (15) days after notice thereof from Landlord to Tenant (except for an Event of Default as set forth in Sections 16.1 (iii), (iv) and (vi), for which Landlord will not be required to give Tenant any notice and may exercise its remedies as set forth in Section 17) or, in the case of a failure which, with due diligence, cannot be cured within fifteen (15) days, Tenant shall fail to commence within said period of fifteen (15) days, or shall fail to thereafter diligently prosecute to completion, all steps necessary to remedy such default (it being intended that as to a default not susceptible of being cured with due diligence within fifteen (15) days, the time within which such default may be cured shall be extended for such period as may be reasonably necessary to permit the same to be cured with all due diligence which shall not exceed sixty (60) days); or

(vi) Tenant abandons or vacates the Premises or removes or attempts to remove any or all of Tenant's property from the Premises other than in the ordinary and usual course of business;

then, uffcyi the occurrence of any one or more of such Events of Default, Landlord may exercise the rights set forth in Section 17 of this Lease or otherwise provided at law or in equity.

16.2 Notwithstanding any provisions of this Lease permitting Tenant to cure an Event of Default, if an Event of Default (regardless of type) occurs more than two (2) times within any twelve (12) month period, then, notwithstanding that each such Event of Default shall have been cured, upon any further occurrence of any subsequent Event of Default within said twelve (12) month period, Landlord may exercise the remedies provided herein or at law or in equity upon giving notice as provided in Section 17.1 of this Lease without affording Tenant an opportunity to cure such Event of Default.

17. LANDLORD'S RIGHTS UPON TENANT'S DEFAULT

17.1 If any Event of Default occurs, Landlord may, in addition to any other remedies Landlord may have hereunder or at law or in equity, by notice to Tenant, designate a date, not less than five (5) days after the giving of such notice, on which this Lease shall terminate; and thereupon, on such date the lease term and the estate hereby granted shall expire and terminate with the same force and effect as if the date specified in such notice was the Expiration Date and all rights of Tenant hereunder shall terminate, but Tenant shall remain liable as provided in this Lease.

17.2 If this Lease is terminated as provided in Section 17.1, or as permitted by law, Tenant shall peaceably quit and surrender the Premises to Landlord, and Landlord, without further notice, may enter upon, re-enter, possess and repossess the same by summary proceedings, ejectment or other legal proceeding, and in any such event neither Tenant nor any person claiming through or under Tenant by virtue of any law or an order of any court shall be entitled to possession or to remain in possession of the Premises but shall forthwith quit and surrender the Premises. Landlord at its option shall, notwithstanding any other provision of this Lease, be entitled to recover from Tenant as and for damages either:

(i) an amount equal to the Present Value of all Base Rent and Additional Rent (conclusively presuming the Additional Rent to be the same as was payable for the calendar year immediately preceding such termination) reserved hereunder for the unexpired portion of the lease term, less an amount equal to the Present Value of the reasonable rental value of the Premises or portion thereof for the balance of the lease term after deducting from said rental value all costs and expenses which Landlord would incur in connection with the termination of this Lease and the reletting of the Premises or portion thereof (including, but not limited to, brokerage commissions, tenant improvement costs, attorneys' fees and disbursements, rent concessions and all other related costs and expenses); or

(ii) amounts equal to the Base Rent and Additional Rent (as presumed above) which would have been payable by Tenant had this Lease not been terminated, or had Landlord not re-entered the Premises, payable on the date that such payments would have otherwise been payable following such termination and until the Expiration Date. Landlord shall attempt to relet the Premises. However, if Landlord shall relet the Premises during said period, Landlord shall credit Tenant with the net rents received by Landlord from such reletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord, the costs and expenses incurred or paid by Landlord from such reletting, including without limitation, expenses incurred or paid by Landlord in terminating this Lease or in re-entering the Premises and in securing possession thereof, as well as the expenses of reletting (includng altering and preparing the Premises for new tenants and brokers' commissions). It is understood that any such reletting may be for a period shorter or longer than the remaining lease term, but in no event shall Tenant be entitled to receive any excess of such net rents over the sums payable by Tenant to Landlord hereunder, nor shall Tenant be entitled in any suit for the collection of damages pursuant to this Subsection to a credit with respect of any net rents from a reletting, except to the extent that such net rents are actually received by Landlord. Suit or suits for the recovery of such damages, or any installments of such damages, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been so terminated under the provisions of Section 17.1, or under any provision of law, or had Landlord not re-entered the Premises.

17.3 Nothing herein contained shall be construed to limit or preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Tenant shall be responsible for all consequential damages to Landlord as a result of Tenant's failure to surrender the Premises in accordance with this Lease. Nothing set forth herein shall limit or prejudice the right of Landlord, in any bankruptcy or reorganization or insolvency proceeding, to prove for and obtain as damages by reason of such termination an amount equal to the maximum allowed by any bankruptcy or reorganization or insolvency pro- ceedings, or to obtain as damages by reason of such termination, an amount equal to the maximum allowed by any statute or rule of law whether such amount shall be greater, equal to, or less than any of the sums referred to in Section 17.2.

17.4 Landlord may retain, as a credit against the damages herein provided for, any Base Rent or Additional Rent or monies received by it from Tenant or others on behalf of Tenant.

17.5 In the event Tenant has not removed its personalty and any improvements after the expiration or earlier termination of this Lease, Landlord shall have the right without liability to Tenant, as agent for Tenant, to take possession of such personalty and Improvements and, at Landlord's option, use or sell (in a commercially reasonable manner) the same at any private or public sale and apply the proceeds to any amount due Land- lord. Tenant waives any right to notice of execution or levy in connection therewith.

17.6 If Tenant shall default in the keeping, observance or performance of any covenant, agreement, term, provision or condition herein contained beyond any applicable cure period, Landlord, without thereby waiving such default, may perform the same for the account and at the expense of Tenant (a) immediately or at any time thereafter and without notice in the case of emergency or if such default will result in a violation of any law, rule or regulation of any governmental authority or any insurance policy maintained by Landlord, or (b) in any ojher case if such default continues for a period of fifteen (15) days after the Landlord's notice to Tenant of Landlord's intention to perform the same. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and also all costs and expenses, including, without limitation attorneys' fees incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord, as Additional Rent.

17.7 For the purpose of this Section, "Present Value" shall be calculated using the "prime rate" of interest in effect at the Chase Manhattan Bank, N.A., New York, New York (or if said bank no longer publishes such rate, such other rate charged by another bank reasonably selected by Landlord), on the date of the termination of the Lease.

17.8 For the purposes of any suit brought by Landlord, this Lease shall be construed to be a divisible contract, to the end that successive actions may be maintained on this Lease as successive periodic sums mature hereunder.

18. INABILITY TO PERFORM

Tenant's liability for all Base Rent, Additional Rent and all other covenants, obligations and conditions of this Lease shall not be affected or reduced by the failure of Landlord to perform any of its obligations under this Lease or to supply any service, whether specifically required herein or not.

-10- 19. WAIVER

^^ The waiver by Landlord of any breach of any term, covenant, obligation or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or a waiver of any other term, covenant, obligation or condition herein contained. The subsequent acceptance by Landlord of any Base Rent or Additional Rent due hereunder or any or all other monetary obligations of Tenant hereunder, whether or not denotech as Base Rent or Additional Rent hereunder, shall not be deemed to be a waiver of any preceding breach by Tenant, of any term, covenant, obligation or condition of this Lease, other than the failure of Tenant to make the particular payment so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. No covenant, term, obligation or condition of this Lease shall be deemed to have been waived by Landlord, unless such waiver is in a notice to Tenant executed by Landlord.

20. NOTICES

Every notice, approval, consent, or other communication desired or required under this Lease shall be effective only if the same shall be in writing and sent postage prepaid by overnight courier or United States registered or certified mail (or a similar mail service available at the time), directed to the other party at its address first set forth in this Lease, or such other address as either party may designate by notice given from time to time in accordance with this Section. Notice shall be deemed received upon the earlier to occur of actual receipt or three (3) days after deposit.

21. SUCCESSORS

The covenants and agreements herein contained shall inure to the benefit of and be binding upon the successors, heirs, personal representatives, and assigns of the parties hereto, subject, however, to the provisions of Section 12 of this Lease.

^P 22. QUIET ENJOYMENT

Nothing herein contained shall imply or import a covenant on the part of Landlord for quiet enjoyment.

23. ENTIRE AGREEMENT

The entire agreement between Landlord and Tenant is set forth in this Lease and there are no understandings, agreements, or representations of any kind between the parties, verbal or otherwise, other than as set forth in this Lease. No change or modification of any of the covenants, terms or provisions hereof shall be valid unless in writing and signed by the parties hereto.

24. HEADINGS

The heading of each section and subsection of this Lease are for convenience only and it shall not affect any construction or interpretation of this Lease.

25. RIGHT TO INSPECT AND EXHIBIT

Landlord shall have the right to enter the Premises at reasonable hours in the day or night to examine and inspect the Premises, make such repairs, additions or alterations as it may deem necessary for the safety, preservation or restoration of the Premises and the improvements, if any, located thereon (there being no obligation, however, on the part of Landlord to make any such inspections, repairs, additions or alterations), or to exhibit the Premises to prospective purchasers and Tenants for three (3) months prior to the expiration of the Lease Term.

-11- (

26. LIENS

" Tenant shall provide to Landlord, prior to the commencement of any construction, repair or rebuilding of the Premises, or any part thereof, original copies of waivers executed by every contractor, subcontractor, and materialman associated with such construction, repair or rebuilding waiving any right to file a mechanics or materialmans lien on the Premises. Tenant, not later than thirty (30) days following the filing thereof against the Premises, shall remove any charge, lien, security interest or encumbrance upon the Premises, or any part thereof, which arises for any reason (other than by Landlord's actions). Notice is hereby given that Landlord has not consented to, nor shall it be liable for, any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding the Premises or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Premises or any part thereof.

27. RECORDING

Tenant shall not record this Lease without the prior consent of Landlord.

28. JOINT AND SEVERAL LIABILITY

If two or more individuals, corporations, partnerships or other business associations (or any combination of two more thereof) shall sign this Lease as Tenant, the liability of each individual, corporation, partnership or other business association to perform all covenants, obligations or conditions hereunder shall be deemed to be joint and several, and all notices, payments and agreements given or made by, with or to any one of such individuals, corporations, partnerships or other business associations shall be deemed to have been given or made by, with or to all of them. In like manner, if Tenant shall be a partnership or other business association, the members which are, by virtue of state or federal law, subject to personal liability, the liability of each such member shall be joint and several.

29. PARTIAL INVALIDITY; SEPARATE COVENANTS

A determination that any term, covenant, obligation or condition of this Lease is invalid or unenforceable to any extent shall not affect the validity or enforceability of any other part of this Lease.

30. " BROKERAGE COMMISSION

Tenant represents and warrants to Landlord that Tenant has had no dealings, negotiations or consultations with respect to the Premises or this transaction with any broker or finder, and that no broker or finder called the Premises to Tenant's attention for lease. In the event any broker or finder claims to have submitted the Premises, or to have taken part in any dealings, negotiations or consultations with respect to the Premises or this transaction, then Tenant shall be responsible for and will defend, indemnify and save Landlord harmless from and against all costs, fees (including without limitation attorneys' fees), expenses, liabilities and claims incurred or suffered by Landlord as a result thereof.

31. HOLDING OVER

Should Tenant hold over in possession of the Premises or any portion thereof after the expiration of the term of this Lease or sooner termination as provided by this Lease without the execution of a new lease agreement or renewal agreement, Tenant, at the option of Landlord, shall be deemed to be occupying the entire Premises from month to month, subject to such occupancy being terminated by either party upon thirty (30) days notice to the other party, at a monthly rental equal to 200% of Base Rent due for the month immediately preceding the termination of this Lease, and otherwise subject to all the other terms, covenants, obligations and conditions of this Lease insofar as the same may be applicable to a month to month tenancy, including the payment of all Additional Rent as defined in this Lease. The acceptance of rent by Landlord shall

-12- not be evidence that Landlord has exercised its option to treat Tenant as a holdover tenant pursuant to the option set forth above.

32. THIRD PARTY BENEFICIARY

.^.Nothing contained in this Lease shall be construed as to confer upon any other party the rights of a third party beneficiary.

33. APPLICABLE LAW

This Lease shall be governed by the laws of the State in which the Premises are located.

34. SURVIVAL

Any covenant, obligation or liability which arose, may have arisen or was incurred by either party hereto prior to the termination of this Lease shall survive the termination of this Lease.

35. AUTHORITY

If Tenant is a partnership or corporation, Tenant represents and warrants to Landlord that it is duly formed and in good standing, and has full corporate or partnership power and authority, as the case may be, to enter into this Lease and has taken all corporate or partnership action, as the case may be, necessary to carry out the transaction contemplated herein, so that when executed, this Lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall provide Landlord with corporate resolutions or other proof in a form acceptable to Landlord, authorizing the execution of the Lease at the time of such execution.

36. ADDITIONAL PROVISIONS, EXHIBITS AND ADDENDA

The provisions typed on this page and any exhibit or addendum to this Lease shall be deemed a part hereof.

:; IN WITNESS WHEREOF, the parties have executed this Lease as of the date first set forth above.

WITNESS: CONSOLIDATED RAIL CORPORATION (LANDLORD)

%a*^ai

ESS (ATTEST IF CORP.) ICF KAISER ENGINEERING, INC. (TENANT)

Title: cCT?

-13- Revised 9/95 Landlord's Rent Account Number:

SIDETRACK ADDENDUM TO PROPERTY LEASE

WHEREAS, ICF KAISER ENGINEERING, INC. (Tenant) has leased the property located at in the Town of Colonie, County of Albany, andState of New York, neas Line Code 4700, Mile Post 147, as more fully described in the lease dated the <7%>7dav ofz^/2^1--^-^ . 1999 between Landlord and Tenant (the "Lease"); and /'

WHEREAS, Tenant desires that the track and the underlyingright-of-way show n on plan dated 1/15/99. attached to the Lease as Exhibit A (such track facilities being collectively referred to as the "Sidetrack"), to be used by Landlord in providing freight rail service to the Premises subject to the terms, obligations and covenants set forth in the Lease; and

WHEREAS, the Landlord and Tenant wish to execute an addendum to the Lease, in order to set forth the additional terms and conditions for the use and operation of the Sidetrack.

The parties, intending to be legally bound, agree as follows:

ARTICLE 1 MAINTENANCE

1.1 The Sidetrack shall be maintained by Tenant to a minimum of Federal Railroad Administration Class 1 Track Standards. Tenant shall be subject to Landlord's Tariff Maintenance Charge for Industrial Switch Connections, attached hereto as Attachment "1", and all reissues and supplements thereto, wherein the word "owner" shall mean Tenant.

1.2 The parties recognize that some public authorities may not have jurisdiction over Tenant as to clearances, bridges or highway-railroad crossings affecting the Sidetrack, and that such bodies may direct Landlord to take actions regarding such matters. Any expense incurred by Landlord in complying with such directions shall be billed to Tenant, which shall reimburse Landlord as Additional Rent. This Section 1.2 shall survive termination of the Lease.

ARTICLE 2 USE

2.1 Landlord shall have the right to use the Sidetrack, but may not unreasonably interfere with the use thereof by Tenant.

2.2 Landlord retains the right to construct and use additional switch connections on that portion of the Sidetrack located on Landlord's property when such additional sidetracks may be necessary in the conduct of its business.

2.3 The parties shall comply with (i) all applicable federal, state, and local laws, rules, regulations or orders pertaining to shipments originating or terminating on the Sidetrack and (ii) Landlord's Technical Specifications for Industrial Sidetrack.

2.4 Tenant shall not grant or otherwise authorize any rights to establish vehicular or pedestrian grade crossings over the Sidetrack without the prior consent of Landlord. -14- ^B 2.5 Landlord may enter upon Tenant's property for the purpose of inspecting, repairing or operating ^^ over the Sidetrack, but Landlord shall have no duty or obligation to engage in such activities.

ARTICLE 3 CHANGES

Tenant shall not make any changes in the Sidetrack without the prior consent of Landlord. Changes in the Sidetrack necessary to comply with the requirements of a public authority shall, following the receipt of notice from Landlord, be made by Tenant at Tenant's sole expense. If Landlord incurs any expense in connection with any such change, such expense shall be billed to Tenant as Additional Rent.

ARTICLE 4 CLEARANCES

Tenant shall not construct or permit any obstruction over the Sidetrack less than the statutory limit or 23' above top of rail, whichever is greater, or alongside thereof less than the statutory limit or 8'6" from center of track, whichever is greater (and with the necessary additional clearances on curves), without the prior approval of Landlord and any public authority having jurisdiction. Such minimum clearances may be changed by Landlord to meet legal requirements and Tenant shall, at its sole expense, upon notice from Landlord, make such changes in the Sidetrack as may be necessary.

ARTICLE 5 DISCONTINUANCE

Landlord shall not be responsible for any loss or damage sustained by Tenant as a consequence of any temporary or permanent elimination of the Sidetrack, or service thereon, due to circumstances beyond Landlord's reasonable control. Landlord may suspend rail service in the event Tenant breaches any of the covenants in this Lease, and such suspension may continue until such breach is remedied.

ARTICLE 6 LEASE PROVISIONS

In the event that any provision of this Addendum conflicts with the terms set forth in the Lease, then the terms set forth in the Lease shall govern. Terms defined in the Lease and used in this Addendum shall be deemed to have the same meaning as set forth in the Lease.

ARTICLE 7 INDUSTRY TERMINOLOGY

All words, terms, and phrases used in this Addendum shall be construed in accordance with their generally applicable meaning in the railroad industry.

-15- Appendix E NO XREFS PROJECT NUMBER: 99.5377

cc £

s SITE COORDINATES NEW YORK STATE PLANE GRID COORDINATES PROPERTY CORNER NO. I NORTHING EASTING NORTHING EASTING o 1 N 890.0397 E 846.5803 N 980456.2830 E 641509.6380 2 N 1815.5143 E 2127.0937 N 980094.8520 E 643047.6840 3 N 1753.9786 E 2123.8549 N 980056.9953 E 642999.0641 4 N 1907.2852 E 2381.7252 N 979962.5526 E 643283.8107 5 N 1936.6650 E 2378.6363 N 979984.1301 E 643303.9880 6 N 1933.9938 E 2558.9657 N 979846.1167 E 643420.0833 7 N 1915.7237 E 2533.6867 N 979853.2518 E 643389.7202

8 N 1920.4874 E 2557.0051 N 979838.7516 E 643408.5931 X 9 N 1912.2191 E 2562.9810 N 979828.8204 E 643406.2593 \ 10 N 1873.1308 E 2508.8973 N 979844.0857 E 643341.2985 11 N 1886.2596 E 2492.9193 N 979864.7585 E 643340.7537 \ X 12 N 1520.9726 E 1987.4976 N 980007.4158 E 642733.6833 13 N 1492.5685 E 1986.0705 N 979989.8898 E 642711.2853 14 N 1208.0646 E 1593.0727 N 980100.5073 E 642238.8941 \ 15 N 1208.7594 E 1555.5104 N 980129.3458 E 642214.8162 / X 16 N 827.9379 E 1028.5949 N 980278.0698 E 641581.9290 / \

/ / UJ \ X N. (O a$ vK (0 / $ X / \ Lands Now or Formerly of ^ (_ \ \ UJ UNITED STATES OF AMERICA / UJ 4 Book 2256 Page 617 .a (/) Tax Map No. 53.11-1-14 / t% ° /«$/ qfs.' \ N \ \ UJ / / z 0? <£>-.**>? r \ Qo \ VICINITY / \* \ V * \ X / %% PROPERTY / g 222** / \ 222 43 Lands Now or Formerly of *a r222 77 S76-46-33-E TOWN OF COLONIE 222.62 . 9g I PI _ 223.39 1579.94" ty RUDOLPH X. PAULSEN I22ZS1 'U!ll 222.7, CITY OF ALBANY 223.59

222,26 222 IS 223.33 222.8S &$- H X ^SL. -+-* 222 92 X 22144 222 70 -+^* -K+222.SO ,222.80 22237 -223- , + 223.15 BENCH MARK ••I-222.78 + 222 82 Ww :2*«-223- \ USGS R301 + 222 79 M290 222.++^ 9? -223- +ZH03- . _4*12J4«—£23- ELEV-208.87 222.+3+ 222 6* 22ZB1 + + >» '* 222 53 + 2225*+ 222.73- 222.62- 222.66 -

+ 222.56 222.92 + \ + 222.7* -2:22,79 222.54t" 222 92 - + 222 53 + 222** UP NM 11 X UP NM 9 UP NU 10 + 222 75 + 222 *9 222.(8"' JJP NM 8 -09SAH 0ta*2 Lands Now- or-formerly-gf3 22i.a33a—rr&Zm* •*t*TO+-J '+ H2.B2 UP NM 12 -222,80 -222 87 \_£INKHOL£ *« —SWKMOtE ' —TJW 5 § vKaa.^ CONSOJflXSTJflrBABL ^0RPT(CSX)_ ^ -'223 ±S> 5 + 22361 X + 22313 /wTii ~^rrr^-: \ T X M N0 + 223 32 + 22383 " " +T3T7B-- UP""t»M-13 +222.77 -"""^ + 22*89 ^^^E^-H+22342 + 2 ^17 ° °P " 53.68-1-1 + 223l5 " + 223.36 +223*. PARCEL AREA=6,532±ACRES + 223.50 ^ +223 27

Ml0 : J \ -22J Sl± -21*M + 12A2B_± 12A2B-±_ . 3&2L+. 2ZSJ4_± . ,„_..23V6 + 22149 ±_ ,22i±L+_ ' + m HI J. 223 28 + .22053.-11. 22310 + 22311 + - —— 223 07+ 222 OtH- 223.11 + ,,, 223,13 + 223.39 225 =n. —" ^"213:33 *f 225.28 — • I-2S5.03 JCW-OE_WA¥-22*— N76*46'33"W \ UP 17420 PO^Ts-Tf/sowmra-FSicE PER MAP REFERENCE N0,iP16 UP '22*. 48 JJ£+-"*•'•*- -223.65 TIP" UP \ jasw+^l—22*- -•Wirt. -ei*-.oe" 4- _.nui3^fcaafc*fa-==; di22i«-.«E: S& 31.19' - ^^^^^^^^^^^^S^^^^t £S£^5^ ^eeaji———; 4fMte». -.+??jj}9 K3 aMia ^ ^t=5reia=r^ -221- W/BOXWIRE FENCE J + 2afr*3%4+» 120- -+ ?i(Mg__' T^2tnr" •v^-2181 f 218.6; -219- v

X P

MAP REFERENCES MAP NOTES LEGEND

1. "Survey of Lands Now or Formejrly of Simmons Co. to be conveyed to S.R. 1. Boundary and topographic information shown hereon was compiled from an actual OIRF IRON ROD FOUND Beltrone," City of Albany, County of Albany dated May 16. 1979 prepared by C.T. field survey conducted during the months of April and May, 2003. Male Associates. P.C. Dwg. No. 79-133. 2. North orientation and bearing base are shown both CtSS (Site Specific) as obtained OIPF IRON PIPE FOUND 2. "Survey Portion of Lands of N.L. Industries, Inc.," dated 9/3/82 prepared by C.T. from differential GPS/RTK observations and New York State Plane Coordinate OCIRF Mole Associates, P.C. Map No. 82-166R. System East Zone NAD27. YELLOW CAPPED IRON ROD FOUND 3. "Survey of Lot 10 Yardboro Avemue being a Portion of Land Now or Formerly of 3. Vertical datum is site specific as established through GPS observations. BMON CONCRETE MONUMENT FOUND Impellizzeri." City of Albany, County of Albany dated Nov. 14, 1984 prepared by 4. The location of underground improvements or encroachments, if any exist or on shown hereon, are not certified. Surface features such as catch basin rims, manhole C.T. Male Associates, P.C. Dwg. No. 84-376. P"UP UTILITY POLE 4. "Survey Lots Nos. 18,19,20,21^22, 23 Yardboro Avenue, being 0 Portion of Lands covers, water valves, gas valves, etc. are the result of field survey unless noted Now or Formerly of 50 Yardbona Corp." City of Albany, County of Albany doted otherwise. There may be other underground utilities, the existence of which are not OTELM TELEPHONE MARKER Oct. 10, 1984 prepared by C.T., Mole Associates. P.C. Dwg. No. 84-376. known to the undersigned. Size and location of all underground utilities and CIP 5. "Survey Lots No. 24,25 tt 26 Yardboro Avenue, being a Portion of Lands Now or structures must be verified by the appropriate authorities. The Underground CAST IRON PIPE Lands Now or Formerly of Formerly of Desantis." City of Albany, County of Albany dated Sept. 6, 1984 Facilities Protective Organization must be notified prior to conducting test borings, prepared by C.T. Male Associate!* P.C. Dwg. No. 84-319. excavation and construction. viciNrrr PROPERTY LANSING W. CRANNELL 5. Lands Now or Formerly of 6. "Survey Lots No. 27 k 28 Yardboro Avenue, being a Portion of Lands Now or Shaded area delineates a possible discrepancy in title as indicated by map reference Book 2507 Page 192 UNITED STATES OF AMERICA Formerly of Francesco Miuccio." City of Albany, County of Albany dated Sept. 6, no. 16 and map reference no. 15. To resolve this issue it is suggested that a complete ALBANY GARDENS SUBDIVISION LOT NUMBER ce0y4D Tax Map No. 53.10-3-4 1984 prepared by C.T. Male Associates P.C. Dwg. No. 84-319. abstract of title be prepared on both the railroad property and the "Albany Gordens" Book 2256 Page 617 property. Tax Map No. 53.11-1-14 7. "Survey of Lot 29 & 30 Yardboro Avenue, being a Portion of Lands Now or 6. PROPERTY CORNER NUMBER Formerly of Conetta Miuccio." City of Albany. County of Albany doted Sept. 6, 1984 This survey was prepored without the benefit of an up to dote abstract of titte or title prepared by C.T. Male Associate!* P.C. Dwg. No. 84-319. report and is therefore subject to any easements, covenants, restrictions or any statement of fact that such documents may disclose. %*% / 8. "Survey of Lots 31,32,33,34 & 34 Yardboro Avenue being a Portion of Lands Now or Formerly of "Christian Assembly in the Name of Jesus." City of Albany, County of / Albany doted Sept. 6, 1984 prepared by C.T. Male Associates, P.C. Dwg. No. 84-319. / 9. "Survey of Lot 35 & A Portion of Lot, 36 Yardboro Avenue being a Portion of Lands VICINITY Now or Formerly of Joseph Letw." City' of Albany, County of Albany dated Sept. 6, 1984 prepared by C.T. Mate Associates* P.C. Dwg. No. 84-319. Lands Now or Formerly of 22S-. ^ PROPERTY 10. "Survey of a Portion of Lots 3© it 37. Yardboro Avenue, being a Portion of Lands / NIAGARA MOHAWK CORP. / 222.33 Now or Formerly of Peter Uto." City of Albany, County of Albany dated Sept. 6, / 1984 prepared by C.T. Mate- Associates* P.C. Dwg. No. 84-319. / Tax Map No. 53.10-3-46 2261 * 223 86 YCIRF , TENT 11. "Survey Lot 38 & The Easterly 3Feet of Lot 37 Yardboro Avenue, being a Portion of 22*.5S '•/ 22*.*7 S76 46'33"E 226 70 1579.94' Land Now or Formerly of Vellomo." City of Albany, County of Albany dated Sept. 6, . 226 IS 1984 prepared by C.T. Male Associates, P.C. Dwg. No. 84-319. 223.39 fcN, 226 57yfc 8 12. "Survey Portion of Lands Now or Formerly of Rudolph K. Paulson." City of Albany. [/•y^ ' 223 [ County of Albany dated May 22^1985 Dwg. No. 85-161. ^1^23.99 x-^y T2T07—, . — +22*57 22 16. "Right of Way and Track Map New York Centra) Railroad Operated by The New „V ^ CENT-AVv,-T-AVE-PA, ,T "^22*66 . + 224.67 + 224,35 + V524 22 "•"" York Central Railroad Company, Main Line — Mohawk Division.* Albany Terminal, 2M,S~ *°"+224 52 224.32+ 22*33+ 323m~- • 224 04+ • West Albany from Sto. 776+150.92 to Sto. 781+418.87, dated June 30. 1917 revised 12- -225*0 -225- _2i-Ufi; .22JU2.- -226- "-2* 4r6J- 226- 13-54. Valuation Map V62-7. 226 76 • 17. "Conrail Right of Way Map formerly New York Central Railroad Chicago Line from -226- -RAILROAD RIGHT OF WAY 225 27T Sta. 7761+50.92 to 7814+18.817, Line Code 4700 Milepost 147.0 to 148.0." Val Section SEE MAP NOTE NQ.J- — *S2 WOOD FENCE BOX WIRE FENCE PER MAP REFERENCE NO. 16 0620 Record Map Reference V21 F14, Filename 470014700 Administrative Services. j_asfr*S-228 UP , . ,2/5. UP 1475 UP SBB ui —— ^^ up Philadelphia, PA. Valuation Map Reproduction V62-7. TELM "FIBER OPTIC' T-22S-W +-225.1; " ,n. 225J8- — * 225 21 ^^ V^^nrjr-i^m^ 4i« ^Mb^ + 221T9 224,TFRi bhW. 18. "Boundary Survey No.7 Railroad Avenue Prepared for Lansing W. Cronnell," Town +*?1.91 ."[••iiiff of Colonie, Albany Co., New York. Doted August 16, 1975 prepared by G-Aian Cruickshank, Map No. 78-87-UR. 121 43 •rnisr- 19. New York State Department of Public Works Description and Map for the IPF "BENT" + 221 47 PL/flER Acquisition of Property, Interstate Route Connection 541—1-1 Interstate Route 502 to 221 951! 222.2.' UP NM 3 K Interstate Route 540 Albany Cownty. CONC'WAU •ALBAT Y GARDEI S PROPE ?TY UNE Lands Now or Formerly of PER MAP REFERENCE N( 15 Map No. Parcel No Mop No. Parcel No DAVTD MONFORTE 408 474 411 477 g| 475 Book 1822 PagL 437 I* 409 412 478 C.T. MALE ASSOCIATES, P.C. 476 Book 2114 Pagle 369 I ALBAWY QAflD 410 413 479 Tax Map No. 53.48-1-27 Tax Map No. 53.48-1-28 HAY 21 2003

IPF PRINTED AND ISSUED

u Lands Now or Formerly ofJ YARDBORO AVENUE Lands Now or Formerly of JAMES M. HALE ANTHONY A. HARRIS Book 2634 Page 645 (40' RIGHT OF WAY) Book 2534 Page 1123 Tax Map No. 53.43-1-29 , Tax Map No. 53.48-1-35 PROGRESS PRINT Lands Now or Formerly of-' •-Lands Now or Formerly of MICHAEL J. MORAN SHANE GONYEA UNAUTHORIZED ALTERATION OR & MARLENE MORAN DATE REVISIONS RECORD/DESCRIPTION DRAFTER CHECK APPR. ADDITION TO THIS DOCUMENT Book 2619 Page 885 IS A VIOLATION OF SECTION Book 2325 Page 391 Tax Map No. 53.48-1-34 7209 SUBDIVISION 2 OF THE BOUNDARY AND TOPOGRAPHIC SURVEY Tox Map No. 53.48-1-30 1 NEW YORK STATE EDUCATION Portion of Lands Now or Formerly of Tax Map No. 53.48-1-31 "—Lands Now or Formerly of S LAW. Tax Map No. 53.48-1-32 BAR SCALE CYNTHIA W. GEORGE A O 2003 CONSOLIDATED RAIL CORPORATION (CSX) I 50 0 25 50 100 C.T. MALE ASSOCIATES P.C. Book 2669 Page 143 A COLONIE FUSRAP SITE Tax Map No. 53.48-1-33 APPROVED: 1 inch - 50 ft. A A DRAFTED : GLB TOWN OF COLONIE / CfTY OF ALBANY ALBANY COUNTY, NEW YORK A CHECKED : C.T. MALE ASSOCIATES, P.C. PROJ. NO: 99.5377 50 CENTURY HILL DRIVE. P.O. BOX 727, LATHAM, NY 12110 "ONLY COPIES OF THIS MAP SIGNED IN RED INK AND EMBOSSED A 518.786.7400 * FAX 518.786.7299 Agyfii WITH THE SEAL OF AN OFFICER OF C.T. MALE ASSOCIATES. P.C. SCALE : 1" = 50' SHEET 1 OF 1 OR A DESIGNATED REPRESENTATIVE SHALL BE CONSIDERED TO A ARCHITECTURE & BUILDING SYSTEMS ENGINEERING * CIVIL ENGINEERING BE A VALID TRUE COPY". £ DATE : MAY 19, 2003 ENVIRONMENTAL SERVICES * SURVEY & LAND INFORMATION SERVICES E^l DWG. NO: 03-246 VOX VIUINITY PROPERTY 1200 1400 1600 1800 2000 n 2000— 2000

1800

1600

1400

1200

1000

800

Colonie FUSRAP Site < 13,000 FIDLER Walkover Survey 13,001-33,400 Surveyed 4/28/03 through 5/19/03 > 33,400 600 800 1000 us* OTWIVII r rnvrcni r 2200 2400 2600 1200 1400 1600 1800 2000 > -2000

7800

-7600

Steep Slofie

7400

St ?ep Slope

7200

-7000

Shaw 800

600 800 1000 1200 1400 7600 7800 2000 2200 2400 2600 Colonie FUSRAP Site >< 13,000 17.901 - 20,000 FIDLER Walkover Survey ) 13,001 - 15.000 120,001 -33.400 • 15,001-17,900 >> 33.401 Surveyed 4/28/03 through 5/19/03 Shaw Environmental, Inc. Colonie FUSRAP Site 1130/1118 Central Avenue Albany, NY 12205-3465 518-482-0237 Ot FAX: 518-482-0343 ShdaW Shaw Environmental, Inc. i Memo

To: Joseph Pierce, USACE Project Engineer

From: Anthony Sheeran, Shaw Project Manager

CC: James Moore, USACE Project Manager Pam Sleeper, USACE Design Team Leader Hans Honerlah, USACE Lead HP Kevin Dufek, Shaw Project Engineer David Sendra, Shaw Radiological Controls Manager Date: 5/21/2003

Subject: CSXt Vicinity Property Survey Unit Data Submittal

Shaw is pleased to provide the attached Gamma Survey Map, Summary Statistics and Civil Survey Map associated with the Colonie FUSRAP Site's adjacent CSXt Vicinity Property Unit. Based on the 31 March 2003 initial phase of work proposal, this survey unit should be subjected to USACE Quality Assurance measures and a determination to proceed with the physical soil sampling under select portions of the Final Status Survey Work Plan.

Intermittently over the period of 28 April through 19 May 2003, Environmental Dimensions, Inc., personnel conducted a field survey of the area in accordance with the 31 March 2003 proposal and per the Notice to Proceed received from both USACE and the property owner, CSXt. CSXt's observed the work on several days via the service of an outside consultant Arcadis, Geragthy & Miller.

The data table that presents the FIDLER field survey data from the CSXT VP is 1,593 pages long and contains 82,777 data points/survey readings. The maximum level observed was 115,783 counts. A total of 13,693 data points above the correlation level of 13,001 cpm (equivalent to the site clean-up level of 35 pCi/gm depleted Uranium) were documented (approximately 16.5% of all data). The average reading for the entire data set was 10,467 cpm and the median level was 9,896 cpm with a standard deviation of 4,243 cpm. A total of 2,295 data points (2.78% of all data) were documented with cpm readings above 17,900 cpm (equivalent to approximately 100 pCi/gm Depleted Uranium using the Colonie Site correlation curve).

The one-way gamma survey data has been plotted using the Colonie Site correlation data for our main site clean-up level of 35 pCi/gm Uranium. Additional colors were plotted on a second map to allow a visual representation of the range of data levels above the main site's specified clean-up levels. It is important to note that in accordance withy the approved scope of work, this Vicinity Property was not delineated into separate survey units but was instead treated as a single 6.5-acre survey unit. Also per the approved scope of work only a single pass was made during the survey effort as opposed to the traditional cross-walk approach presented in MARSSIMs and the Main site Final status Survey Work plans. Lastly full coverage of the vicinity property was not possible due to the various physical impediments such as steep slopes, vegetative growth larger than 3-4 inches in diameter that was not removed and significant amounts of encroached building materials from Grimm's Building supplies that are present within CSXt property boundary.

Also attached is a civil survey map prepared by CT Male Associates consistent with the 31 March 2003 proposal. This map is provided for your use and information. Shaw will incorporate this data into our next revision of the main site base maps and in any future CSXT site work that USACE may direct.

With respect to the survey data and the data plots, the area which appears elevated in the western end of the vicinity property is the backfill haul road. The material used in this roadway construction has been sampled and analyzed with the on-site HPGe. The data from four grab samples of the roadway stone showed slight levels of radioactive isotopes (naturally occurring Th-232 based on the on-site analysis) in the crushed stone. The levels encountered are slightly elevated in comparison to the background Thorium levels associated with the 24 July 2002 Background Final Status Survey soil sampling conducted at the Latham HQ of the New York State Division of Military & Naval Affairs.

Troy Sand And Gravel, Inc. supplied the roadway stone material. Troy Sand and Gravel is both an approved construction materials source for the New York State Department of Transportation (Approval Number 1-41R, Test Number 00-AR-1) and a New York State Department of Environmental Conservation Permitted borrow source (Permit Number 4-3840-00008/00001-0).

The majority of the Vicinity Property contamination is located in the central portion of the property, between the high speed and low speed tracks, centered at the North 1300, East 1500-1600. This corresponds to the DOE's Oak Ridge National Laboratories findings from their May 1986 surveying efforts as reported in their document entitled" Results of Radiological Surveying At Conrail Property South of the Colonie Site (ORNL Report RASA 88/12 (AL141) issued February 1988). There are additional areas with elevated readings as can be seen on the data plots/maps. Elevated readings exist immediately south of the site fence in two areas, both of which correspond to the locations where former rail tracks serviced the main NL Industries site in the past. This data is supported by the fact that previous excavation in FSS Unit 107 (portions of which encompass the CSXt property located inside the perimeter fence) resulted in excavation to depths of approximately 5-7 along the fenceline.

On a positive note, the data shows that the vast majority of the contamination is on the north side of the high-speed tracks. Please don't hesitate to contact the Shaw Project team with any questions or to discuss the attached CSXT VP Gamma walkover data. If appropriate, Shaw staff will be available to meet with USACE to review the data and or to assist in the development of appropriate follow-on activities associated with the data. Shaw recommends that FSS like soil sampling in the 0-6: and 6-12" soil horizons be executed for the areas of elevated measurements and random samples be obtain for the remainder of the parcel to document radiological levels in the same soil horizons.

Attachments: Summary Statistics from CSXt VP FIDLER Walkover

CSXT Vicinity FIDLER Walkover Map (standard plotting levels/colors)

CSXT Vicinity FIDLER Walkover Map (Additional plotting levels/colors)

CSXT Civil Survey Map Colonie FUSRAP Site CSXT Vicinity Property Unit USACE PRAC DA-02 Radiological Data Summary

CSXt VP Unit FIDLER field survey Summary Statistics

82,777 Total Readings 10,467 Average Reading 4,243 Standard Deviation 115,783 Maximum Reading 3,666 Minimum Reading 9,896 Median Readings

The FIDLER based radiological survey conducted in the CSXT VP Unit was completed utilizing an Alpha-Spectrace FIDLER (Model Number 0003220, re-calibration due 28 March 2004) coupled to a Ludlum 2221 Rate meter. Both instruments were within calibration standards and operating properly.

A two by two based radiological survey was not conducted in this Unit

The clean-up criteria (35 pCi/gm Depleted Uranium) equivalence is 13,001 cpm based on the FIDLER correlation information is contained in Appendix A of the approved Final Status Survey Plan (August, 2002).

GSAT VP Data Satstisties CENAN USACE Colonie FUSRAP Site KC PRAC DA 02

GPS DATE GPS TIME RAD DATA X COORD Y COORD 5/19/2003 12 13:28pm 115783 913.82180 939.62412 5/19/2003 12 13:28pm 114843 913.82180 939.62412 5/19/2003 12 13:28pm 114315 913.82180 939.62412 5/19/2003 12 13:28pm 112842 913.82180 939.62412 5/19/2003 12 13:30pm 111940 912.57198 940.02667 5/19/2003 12 13:32pm 111179 910.10903 939.62374 5/19/2003 12 13:34pm 110699 907.08406 939.01782 5/19/2003 12 13:36pm 106725 904.33228 938.49976 5/19/2003 12 13:38pm 105917 901.71705. 937.73485 5/19/2003 12 13:40pm 105470 898.42300 937.77682 5/19/2003 12 13:42pm 104935 895.61740 938.01312 5/19/2003 12 13:44pm 103998 892.65855 938.26233 5/19/2003 12 13:46pm 103730 889.73179 937.87370 5/19/2003 12 13:48pm 102602 886.83022 938.14458 5/19/2003 12 13:50pm 102540 884.09149 937.40301 5/19/2003 12 13:52pm 102530 881.27884 937.27089 5/19/2003 12 13:54pm 102162 878.63216 936.93417 5/19/2003 12 13:56pm 101482 875.55471 937.29933 5/19/2003 12 13:58pm 101396 872.82135 936.99858 5/19/2003 12 14:00pm 101180 870.91954 936.48955 5/19/2003 12 14:02pm 101156 870.80452 934.89823 5/19/2003 12 14:04pm 101130 873.20928 934.27621 5/19/2003 12 14:06pm 100927 875.32759 934.53323 5/19/2003 12 14:08pm 100883 877.60482 934.88714 5/19/2003 12 14:10pm 100683 878.82438 935.02639 5/19/2003 12 14:12pm 100128 878.64526 934.91931 5/19/2003 12 14:14pm 100043 879.28744 934.87300 5/19/2003 12 14:16pm 99974 878.40558 935.06234 5/19/2003 12 14:18pm 99753 879.49158 935.77680 5/19/2003 12 14:20pm 99548 881.64271 936.64314 5/19/2003 12 14:22pm 99535 882.84577 936.48821 5/19/2003 12 14:24pm 99476 885.33305 936.37655 5/19/2003 12 14:26pm 99184 888.02837 936.72390 5/19/2003 12 14:28pm 85338 890.37902 936.45895 5/19/2003 12 14:30pm 64712 892.34455 936.50998 5/19/2003 12 14:32pm 58356 894.65990 936.57443 5/19/2003 12 14:34pm 58085 897.26615 937.29905 5/19/2003 12 14:36pm 57450 899.26624 938.00129 5/19/2003 12 14:38pm 56975 901.71851 938.86229 5/19/2003 12 14:40pm 56732 903.91054 939.29166 5/19/2003 12 14:42pm 56459 905.66409 939.96402 5/19/2003 12 14:44pm 56253 907.81408 940.78839 5/19/2003 12 14:46pm 55813 909.69913 941.33210 5/19/2003 12 14:48pm 55535 912.38519 942.02223 5/19/2003 12 14:50pm 55008 914.79332 941.96827 5/19/2003 12 14:52pm 54536 917.45542 942.78329 5/19/2003 12 14:54pm 53683 919.74678 942.77137 5/19/2003 12 14:56pm 52646 922.08287 942.97396 5/19/2003 12 14:58pm 52074 924.71829 943.87917 5/19/2003 12 15:00pm 52016 927.57282 944.54351 5/19/2003 12 15:02pm 51882 930.01848 944.67463

DRAFT 1 of 2522 CSX walkover data 5-20-03csxt initial data USACE Colonie FUSRAP Site KC PRAC DA 02

4/28/2003 09:51:57am 5630 1080.54593 958.38782 4/28/2003 09:51:59am 5628 1083.02458 960.42121 4/28/2003 09:52:01am 5621 1085.24793 962.65840 4/28/2003 09:52:03am 5619 1087.84803 965.12670 4/28/2003 09:52:05am 5617 1090.38417 967.20684 4/28/2003 09:52:07am 5595 1090.83185 967.56005 4/28/2003 09:52:09am 5593 1090.52113 967.27950 4/28/2003 09:52:11am 5591 1090.75744 968.55154 4/28/2003 09:52:13am 5587 1092.95596 967.21369 4/28/2003 09:52:15am 5571 1092.31142 966.37861 4/28/2003 09:52:17am 5554 1090.76519 963.92391 4/28/2003 09:52:19am 5547 1087.22231 961.97664 4/28/2003 09:52:21am 5538 1084.92851 959.17241 4/28/2003 09:52:23am 5509 1082.52700 956.83405 4/28/2003 09:52:25am 5492 1080.32319 954.49726 4/28/2003 09:52:27am 5472 1077.83302 952.32087 4/28/2003 09:52:29am 5465 1075.13652 949.90823 4/28/2003 09:52:31am 5456 1072.32452 947.33370 4/28/2003 09:52:33am 5441 1069.30506 944.61750 4/28/2003 09:52:35am 5437 1066.56892 941.70279 4/28/2003 09:52:37am 5407 1063.75415 939.33726 4/28/2003 09:52:39am 5387 1061.97417 938.03969 4/28/2003 09:52:41am 5212 1060.36454 936.30456 4/28/2003 09:52:43am 5209 1058.18016 933.91995 4/28/2003 09:52:45am 5204 1055.25707 931.29820 4/28/2003 09:52:47am 5103 1052.79067 928.63618 4/28/2003 09:52:49am 5101 1049.96922 926.23694 4/28/2003 09:52:51am 5023 1047.12794 924.09319 4/28/2003 09:52:53am 4898 1044.52149 921.81039 4/28/2003 09:52:55am 4816 1042.07126 919.32892 4/28/2003 09:52:57am 3666 1039.70465 917.11762

Statistical Summary of Gamma Walkovr er Data from the CSXt Vicinity Property

Ave 10467 max 115783 min 3666 median 9896 Count 82777 Std. Deviation 4243

DRAFT 1593 of 2522 CSX walkover data 5-20-03csxt initial data Appendix F FINAL

OPERATIONS WORK PLAN

COLONIE FUSRAP SITE

AUGUST 2002 (REVISION 5)

U.S. ARMY CORPS OF ENGINEERS NEW YORK DISTRICT OFFICE

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM TABLE OF CONTENTS

Section Page 1.0 INTRODUCTION 1-1 1.1 PLAN OBJECTIVE 1-2 1.2 SITE BACKGROUND 1-3 1.3 SITE DESCRIPTION 1-4 1.4 PREVIOUS INVESTIGATIONS 1-5 1.5 CONTAMINANTS OF CONCERN 1-6 1.6 REMEDIAL AREAS 1-6 1.6.1 Landfilled Western Area 1-7 1.6.2 Building Slab, East Loading Dock, and Bay 1 Area 1-7 1.6.3 Trailer Complex Area 1-8 1.6.4 East Parking Lot 1-8 1.6.5 Vicinity Properties 1-8 1.7 INHERITED STAGED MATERIAL 1-9

2.0 PROJECT ORGANIZATION, PERSONNEL, KEY SUBCONTRACTORS 2-1 2.1 UNITED STATES ARMY CORPS OF ENGINEERS 2-2 2.2 IT CORP. TOTAL ENVIRONMENTAL RESTORATION CONTRACT (TERC) TEAM 2-2 2.3 IT CORPORATION ON-SITE COLONIE PROJECT TEAM 2-2

3.0 PRE-REMEDIATION ACTIVITIES 3-1 3.1 TEMPORARY FACILITIES 3-1 3.2 SITE CONTROLS 3-2 3.2.1 Control Zones 3-2 3.3 NOTIFICATIONS AND ACCESS FOR VICINITY PROPERTIES 3-2 3.4 SITE IMPROVEMENTS 3-3 3.4.1 Roads 3-3 3.4.2 Utilities Relocation 3-3 3.4.3 Treatability Study and Soil Stabilization System 3-4 3.4.4 Groundwater Treatment System 3-4 3.4.5 Compost Pad 3-5 3.4.6 Rail Facilities 3-5 3.4.7 . Chemical Management Building Removal 3-6

4.0 REMOVAL OF IMPACTED MATERIAL 4-1 4.1 SEQUENCE OF REMEDIAL ACTIVITIES 4-1

DACW41-01-D-0031 i Operations Work Plan Task Order No. DA02 Colonie FUSRAP Project August 2002 Final 4.2 GENERAL EXCAVATION PROCEDURE 4-2 4.2.1 Pre-Excavation Surveys 4-3 4.2.2 Initial Radiological Excavation 4-4 4.2.3 Continuing Excavation 4-4 4.2.4 Lead Excavation Depth Limitation 4-4 4.3 POST EXCAVATION FINAL STATUS SURVEYS 4-5 4.4 DEBRIS 4-5 4.5 FREE PRODUCT REMEDIATION 4-6

5.0 MATERIAL HANDLING 5-1 5.1 MATERIAL SEGREGATION 5-1 5.2 ON-SITE TREATMENT 5-2 5.2.1 Treatment Confirmation 5-3

6.0 SUPPORTING OPERATIONS 6-1 6.1 ENVIRONMENTAL CONTROL SYSTEMS AND MONITORING PROGRAM 6-1 6.1.1 Erosion and Sedimentation Controls 6-1 6.1.2 Storm Water Runoff 6-1 6.1.3 Water Treatment Facility Operation 6-1 6.2 DUST SUPPRESSION 6-2 6.3 PERIMETER AIR MONITORING 6-2 6.3.1 Total Particulate Emissions 6-2 6.3.2 Perimeter Monitoring - Radiation 6-3 6.3.3 Perimeter Monitoring - Lead 6-3 6.4 HEALTH, SAFETY, AND RADIATION PROTECTION 6-3 6.4.1 On-Site Laboratory and Radiation Control Operations 6-4 6.4.2 Decontamination and Free Release Operations 6-4 6.4.3 Vehicle/Railcar/Container Decontamination 6-5 6.5 QUALITY CONTROLS 6-5 6.6 CIVIL SURVEY 6-5

7.0 SITE CLOSURE 7-1 7.1 SITE RESTORATION 7-1 7.2 PERSONNEL, EQUIPMENT, AND FACILITIES DEMOBILIZATION 7-1

8.0 SCHEDULE 8-1

9.0 REFERENCES 9-1

DACW41-01-D-0031 ii Operations Work Plan Task Order No. DA02 Colonie FUSRAP Project August 2002 Final FINAL

HEALTH AND SAFETY AND EMERGENCY RESPONSE PLAN

COLONIE FUSRAP SITE

MAY 2002 (REVISION 4)

U.S. ARMY CORPS OF ENGINEERS NEW YORK DISTRICT OFFICE

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM TABLE OF CONTENTS

Section Page

1.0 INTRODUCTION 1-1 1.1 IT POLICY 1-2 1.2 SITE DESCRIPTION AND HISTORY 1-2 1.3 SITE ACTIVITIES 1-2 1.4 APPLICABLE STANDARDS AND REGULATIONS 1-2 1.5 SITE SAFETY AND HEALTH DOCUMENTATION 1-3

2.0 PROJECT ORGANIZATION 2-1 2.1 SUBCONTRACTOR RESPONSIBILITIES 2-1 2.2 VISITORS 2-2

3.0 HAZARD ANALYSIS 3-1 3.1 ACTIVITY HAZARD ANALYSIS 3-1 3.2 CHEMICAL TOXICITY HAZARDS 3-2 3.3 RADIOLOGICAL HAZARDS 3-3 3.4 PHYSICAL HAZARDS 3-5 3.4.1 Heat Stress 3-5 3.4.2 Cold Stress 3-6 3.4.3 Weather Hazards 3-7 3.4.4 Noise 3-7 3.4.5 Dust 3-7 3.4.6 Manual Lifting. 3-8 3.4.7 Heavy Equipment Operations 3-8 3.4.8 Motor Vehicles and Material Handling Equipment 3-9 3.4.9 Fire/Explosion 3-9 3.4.9.1 Electrical Hazards 3-9 3.4.10 Trenching and Excavation 3-11 3.4.11 Slips, Trips, Falls 3-11 3.4.12 Confined Space Entry 3-11 3.4.13 Work at Elevation 3-12 3.4.14 Illumination of Work Areas 3-12 3.5 CHEMICAL EXPOSURE AND BIOLOGICAL HAZARDS 3-12 3.5.1 Asbestos 3-12 3.5.2 Silica 3-13

DACA31-95-D-0083 • Health and Safety and Emergency Response Plan Task Order No. 40 Colonie FUSRAP Project May 2002 Final Draft: Revision 4 3.5.3 Uranium 3-13 3.5.4 Thorium 3-13 3.5.5 Metals- Lead, Copper, Arsenic 3-13 3.5.6 Phosphoric Acid (75%) 3-14 3.5.7 Volatile Organic Compounds and Semi-Volatile Organic Compounds 3-14 3.5.8 Ticks 3-15 3.5.9 Insects 3-15 3.5.10 Wild and Domestic Animals 3-15 3.5.11 Poison Ivy, Poison Oak, Poison Sumac 3-15 3.5.12 Biological Agents 3-16 3.5.13 Bloodborne Pathogens 3-16

4.0 SITE CONTROL PROCEDURES 4-1 4.1 SITE PREPARATION 4-1 4.2 SITE WORK ZONES 4-1 4.3 SITE SECURITY 4-1

5.0 PERSONAL PROTECTIVE EQUIPMENT PROGRAM 5-1 5.1 RESPIRATORY PROTECTION 5-1 5.2 LEVELS OF PROTECTION AS SPECIFIED BY OSHA FOR CHEMICAL HAZARDS 5-2 5.2.1 Level D Protection 5-2 5.2.2 Modified Level D Protection 5-3 5.2.3 Level C Protection 5-3 5.2.4 Level B Protection 5-4 5.3 REQUIRED LEVELS OF PROTECTION 5-4

6.0 MONITORING PLAN/INSTRUMENTATION 6-1 6.1 MONITORING EQUIPMENT 6-1 6.1.1 Monitoring Equipment Maintenance and Calibration 6-2 6.1.2 Colorimetric Tubes 6-2 6.1.3 Flame and Photoionization Combined Detector 6-2 6.1.4 Noise Dosimeter 6-3 6.1.5 Sound Level Survey Meter 6-3 6.1.6 Air Sampling Pumps and Cassettes, Filters 6-3 6.1.7 Combustible Gas Indicator/Oxygen Meter 6-3 6.1.8 Real-Time Dust Monitor 6-3 6.1.9 Hand Held Radiological Survey Instruments 6-4 6.1.10 Niton 700 Series X-Ray Fluorescence 6-4 6.2 ACTION LEVELS 6-4

DACA31-95-D-0083 ii Health and Safety and Emergency Response Plan Task Order No. 40 Colonie FUSRAP Project May 2002 Final Draft: Revision 4 6.2.1 Organic Vapor Action Levels 6-4 6.2.2 Airborne Radionuclide Action Levels 6-5

7.0 DECONTAMINATION 7-1 7.1 PERSONNEL DECONTAMINATION 7-1 7.2 EQUIPMENT DECONTAMINATION PROCEDURES 7-1 7.2.1 Heavy Equipment 7-2

8.0 EMERGENCY RESPONSE AND CONTINGENCY PROCEDURES 8-1 8.1 EMERGENCY RESPONSE PLAN 8-1 8.2 ACCIDENT REPORTING 8-2 8.3 RISK PREVENTION PLAN AND SITE CONTROL 8-4 8.4 SPILL CONTAINMENT PROGRAM 8-5

9.0 TRAINING AND MEDICAL MONITORING REQUIREMENTS 9-1 9.1 PERSONNEL TRAINING AND MEDICAL SURVEILLANCE PROGRAM 9-1 9.2 SITE-SPECIFIC TRAINING 9-1 9.2.1 GENERAL FIELD SAFETY 9-1 9.3 SITE-SPECIFIC TRAINING DOCUMENTATION 9-3 9.4 MEDICAL MONITORING PROGRAM 9-3 9.4.1 BASELINE HEALTH ASSESSMENT AND RETURN TO WORK 9-4 9.4.2 MEDICAL RESTRICTION 9-4 9.5 CLOSE-OUT MEDICAL EXAMINATION 9-5 9.6 BIOASSAY PROGRAM 9-5 9.6.1 BIOASSAYS FOR RADIOACTIVE MATERIALS 9-5 9.6.2 BIOASSAYS FOR NONRADIOACTIVE MATERIALS 9-5

10.0 GENERAL SAFETY AND HEALTH ISSUES 10-1

11.0 REFERENCES 11-1

DACA 31-95-D-0083 Hi Health and Safety and Emergency Response Plan Task Order No. 40 Colonie FUSRAP Project May 2002 Final Draft: Revision 4 FINAL

SAMPLING AND ANALYSIS PLAN

COLONIE FUSRAP SITE

AUGUST 2002 (REVISION 3)

U.S. ARMY CORPS OF ENGINEERS NEW YORK DISTRICT OFFICE

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM TABLE OF CONTENTS

Section Page

1.0 INTRODUCTION 1-1 1.1 SITE LOCATION, DESCRIPTION AND BACKGROUND 1-1 1.2 SCOPE OF WORK 1-2 1.3 CONTAMINANTS OF CONCERN 1-2

2.0 FIELD SAMPLING PLAN 2-1 2.1 FIELD SCREENING ACTIVITIES 2-1 2.1.1 Radiation Surveys of Site Facilities 2-1 2.1.2 Radiological Surveys of Ground Surface Areas 2-1 2.1.3 Organic Vapor Screening of Soils 2-2 2.1.4 Screening for Metals 2-2 2.1.5 Radiological Surveys of Solid Surfaces 2-3 2.1.6 Survey of Personnel and Equipment 2-3 2.1.7 Final Status Survey (Radiological Constituents) 2-4 2.2 FIELD SAMPLING ACTIVITIES 2-A 2.2.1 Perimeter Air Monitoring 2-4 2.2.1.1 Total Particulate Emissions 2-4 2.2.1.2 Perimeter Monitoring - Radiation 2-5 2.2.1.3 Perimeter Monitoring - Lead 2-6 2.2.2 Groundwater Monitoring Well Sampling 2-6 2.2.3 Surface Water Sampling 2-10 2.2.4 Groundwater Treatment Plant Sampling (SPDES Sampling) 2-11 2.2.5 Soil Sampling 2-12 2.2.5.1 Soil Pile Sampling 2-12 2.2.5.2 Final Status Survey Sampling 2-13 2.2.5.3 Soil Sample Collection Procedures 2-13 2.2.5.4 Field Quality Control Sampling Procedures 2-14 2.2.5.5 Decontamination Procedures 2-14 2.2.5.6 Cone And Quarter Sample Composite Procedure 2-14 2.2.6 Subsurface Soil Sampling 2-15 2.2.7 Sediment Sampling 2-15 2.2.8 Surface Smears 2-16

3.0 QUALITY ASSURANCE PROJECT PLAN 3-1 3.1 SAMPLE LABELING, HANDLING, AND SHIPPING 3-1

DACW41 -01 -D-0031 i Sampling and Analysis Plan Task Order No. DA02 Colonie FUSRAP Project August 2002 Final 3.1.1 Sample Identification/Labeling 3-1 3.1.1.1 Environmental Samples 3-1 3.1.1.2 Quality Assurance/Quality Control Samples 3-2 3.1.2 Sample Containers, Preservation, and Holding Times 3-3 3.1.3 Chain-of-Custody Protocol and Shipping Requirements 3-3 3.1.4 Cleaning of Field Sampling Equipment 3-5 3.1.5 Cleaning of Pumps and Pumping Equipment 3-5 3.2 ANALYTICAL LABORATORY/ANALYTICAL METHODS 3-6 3.3 DATA QUALITY.REQUIREMENTS 3-6 3.3.1 Data Quality Objectives 3-7 3.3.2 Precision 3-7 3.3.3 Accuracy 3-8 3.3.4 Representativeness 3-8 3.3.5 Comparability 3-8 3.3.6 Completeness 3-9 3.3.7 Sensitivity (Reporting Limits) 3-9 3.4 FIELD QUALITY ASSURANCE SAMPLES 3-10 3.4.1 Blind Field Duplicate Samples 3-10 3.4.2 Split Samples 3-10 3.4.3 Rinse Blanks 3-10 3.4.4 Trip Blanks 3-10 3.5 LABORATORY QUALITY ASSURANCE SAMPLES 3-11 3.5.1 Method Blanks 3-11 3.5.2 Spiked Samples 3-11 3.6 EQUIPMENT CALIBRATION AND MAINTENANCE 3-11 3.6.1 Field Equipment 3-11 3.6.1.1 Calibration 3-11 3.6.1.2 Maintenance 3-12 3.6.2 Laboratory Equipment 3-12 3.7 DATA DOCUMENTATION 3-12 3.8 CORRECTIVE ACTIONS 3-12 3.8.1 Field Procedures 3-13 3.8.2 Laboratory Procedures 3-13 3.9 DATA REDUCTION, REVIEW AND REPORTING 3-14 3.9.1 Laboratory Data 3-14 3.9.2 Data Review 3-14 3.9.3 Field/Engineering Data 3-14

DACW41-01-D-0031 ii Sampling and Analysis Plan Task Order No. DA02 Colonie FUSRAP Project August 2002 Final 3.10 CONTRACTOR CHEMICAL QUALITY CONTROL (CCQC) 3-15 3.10.1 Mobilization 3-15 3.10.2 Sample Collection and On-site Sample Analysis 3-15 3.10.3 Final Status Survey 3-16 3.10.4 Shipment of Samples for Off-Site Analysis 3-16 3.10.5 Quality Assurance Controls 3-16 3.11 CORRECTIVE ACTIONS 3-16

DACW41 -01 -D-0031 iii Sampling and Analysis Plan Task Order No. DA02 Colonie FUSRAP Project August 2002 Final FINAL

FINAL STATUS SURVEY PLAN

COLONIE FUSRAP SITE

AUGUST 2002

U.S. ARMY CORPS OF ENGINEERS NEW YORK DISTRICT OFFICE

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM TABLE OF CONTENTS

Section Page 1.0 INTRODUCTION 1-1

2.0 HISTORICAL INFORMATION REVIEW 2-1

3.0 FINAL STATUS SURVEY DESIGN 3-1 3.1 DATA QUALITY OBJECTIVES 3-1 3.1.1 Problem to be Resolved 3-1 3.1.2 Decision to be Made 3-1 3.1.3 Inputs to the Decision 3-1 3.1.3.1 Precision 3-2 3.1.3.2 Accuracy 3-2 3.1.3.3 Representativeness 3-2 3.1.3.4 Comparability 3-3 3.1.3.5 Completeness 3-3 3.1.3.6 Sensitivity 3-3 3.1.4 Boundaries of the Study 3-4 3.1.5 Decision Rules 3-4 3.1.6 Acceptable Decision Errors 3-4 3.1.7 Sampling Design 3-5 3.2 SURVEY UNIT LAYOUT 3-6 3.2.1 Classification 3-6 3.2.2 Delineation 3-6 3.3 PHYSICAL SAMPLE LOCATIONS 3-7 3.4 FIELD INSTRUMENT SURVEY METHODOLOGY 3-7 3.5 SAMPLE ANALYSES 3-8 3.6 QA/QC 3-9 3.7 DATA INTERPRETATION 3-9

4.0 REFERENCES 4-1

DACW41-01-D-0031 j Final Status Survey Plan Task Order No. DA02 Colonie FUSRAP Site August 2002 Final FINAL: REVISION 2

CONTRACTOR QUALITY CONTROL PLAN

COLONIE FUSRAP SITE

APRIL 2002

U.S. ARMY CORPS OF ENGINEERS NEW YORK DISTRICT OFFICE

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM TABLE OF CONTENTS Section Page

1.0 INTRODUCTION 1-1 1.1 PURPOSE AND SCOPE 1-1 1.2 PROJECT PLANS 1-1 1.3 PROJECT SCOPE OF WORK 1-2

2.0 QC PROGRAM 2-1 2.1 PROJECT QC ORGANIZATION 2-1 2.2 PERSONNEL QUALIFICATION AND TRAINING 2-2 2.3 INSPECTION PHASES 2-2 2.3.1 Preparatory Phase Inspection 2-2 2.3.2 Initial Phase Inspection 2-3 2.3.3 Follow-up Phase Inspection 2-4 2.3.4 Additional Quality Control Procedures 2-4 2.4 RECORDKEEPING AND REPORTING 2-7 2.5 DEFICIENCY MANAGEMENT 2-7 2.5.1 Preventive Measures 2-7 2.5.2 Continual Improvement 2-7 2.5.3 Deficiency Identification and Resolution 2-8 2.5.4 Deficiency and Corrective Action Tracking 2-8 2.5.5 Deficiency Documentation 2-9 2.6 PROJECT RECORDS 2-9 2.7 PROJECT DOCUMENTATION 2-10

3.0 CONSTRUCTION TESTING 3-1 3.1 CONSTRUCTION TEST PLAN APPLICATION 3-1 3.2 TESTING PROCEDURES 3-1 3.3 TEST ORGANIZATIONS 3-1 3.4 M&TE CALIBRATION AND MAINTENANCE 3-2 3.5 REVIEW OF TEST RESULTS 3-2 3.6 DOCUMENTATION OF TESTING 3-2 3.7 QUALITY CONTROL TESTING 3-3 3.7.1 Analytical Quality Control Tests 3-3 3.7.2 Field Monitoring/Testing 3-3 3.7.3 Geotechnical Testing 3-3 3.7.4 Weigh Scale Calibration 3-4 3.7.5 Challenge Testing of High Efficiency Particulate Air (HEPA) Filters 3-4

DACA31-95-D-0083 ii Contractor Quality Control Plan Task Order No.40 Colonie FUSRAP Site April 2002 Final - Revision 2 4.0 DEFINABLE FEATURES OF WORK 4-1 4.1 PRELIMINARY PHASE 4-1 4.2 FULL SCALE OPERATION PHASE 4-1 4.2.1 Surveying 4-1 4.2.2 Sediment and Erosion Control (S/EC) 4-2 4.2.3 Water Treatment 4-2 4.2.4 Waste Transportation and Disposal 4-2 4.2.5 Excavation and Demolition 4-3 4.2.6 Soil Stabilization Operations 4-3 4.2.7 Restore the Site 4-4 4.2.8 Demobilize 4-4

5.0 REFERENCES 5-1

DACA31-95-D-0083 iii Contractor Quality Control Plan Task Order No.40 Colonie FUSRAP Site April 2002 Final - Revision 2