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20 2007-2015 3VAL L.PATRICK weeny'. MOTHY R MURRAY eutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE 436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100 URGENT LEGAL MATTER CERTIFIED MAIL RETURN RECEIPT REQUESTED Federal Management Company Ms. Robyn Hunter, Senior Vice President 175 Federal Street, Suite 700 Boston,MA 02111 NOTICE OF RESPONSIBILITY INTERIM DEADLINES IAN A. BO W LES Secretary ARLEEN O'DONNELL Commissioner August 21,2007 Re: Northampton RTN 1-14435 20 Hampton Avenue Hampton Court This is an important notice. Promptly respond to any requests contained herein. Failure to respond to any such requests could result in serious legal consequences. Dear Ms. Robyn Hunter: The Department of Environmental Protection (the "Departmentje) was notified of a release of oil and/or hazardous materials on the property at 20 Hampton Avenue in Northampton, Massachusetts, discovered during an environmental site assessment, which requires one or more response actions. Specifically, greater than 0.5 inch of separate phase oil was observed in an on-site well. Release Tracking Number(RTN) 1-14435 was assigned to the site. The purpose of this letter is to provide you ("you" refers to Federal Management Company) with notice of your legal responsibilities under state laws and regulations to address this release. The attached summary is intended to provide you with information about your liability under Massachusetts General Law Chapter 21E (M.G.L. c. 21E) and to assist you in deciding what actions to take in response to this notice. This information is available in alternate format.Call Donald M.Games,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207. DEP on the World Wide Web. hop//ww..mass.gov/dep 0 Printed on Recycled Paper Notice of Responsibility 1-14435 Interim Deadlines Statutory Liabilities The Department has reason to believe that you are a potentially responsible party(PRP)with liability under Section 5A of M.G.L. c. 21E. This is due to the release of oil and/or hazardous materials at the above site. This liability is "strict", meaning that it is not based on fault, but solely on your status as owner, operator, generator, transporter, disposer or other person specified in said Section 5A. This liability is also "joint and several", meaning that you are liable for all response costs incurred at a disposal site even if there are other liable parties. You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties. Actions Undertaken To Date At The Site On 06/20/02, personnel from the Department, in an effort to discover the source of petroleum odors at an adjacent residential building (Randolph Place), observed greater than 0.5 inch of free phase oil in monitoring well #2, located on the subject property. On the same day a Notice of Responsibility was issued to Hampton Housing Association Limited Partnership requiring a Limited Subsurface Investigation (LSI) within 90 days. A Release Tracking Number 1-14435 was assigned. A Release Notification Form was submitted on 08/23/02, and on 12/06/02, a Field Investigation Summary Report of the LSI was submitted. On 06/26/03, a Tier II Classification became effective, submitted by Hampton Housing Association Limited Partnership. On 03/02/06, a Notice of Noncompliance was issued for failure to submit the Phase II Comprehensive Site Assessment Report and the Phase III Remedial Action Plan in accordance with 310 CMR 40.0500. An Administrative Consent Order, ACO-WE-06- 3012, signed by Hampton Housing Association Limited Partnership and the Department, became effective on 8/25/06, and it required the submittal of the Phase II and III Reports by 09/29/06, and Phase IV Remedy Implementation Plan by 12/29/06. A Phase II Scope of Work was submitted on 06/08/07. According to a 06/08/07 letter submitted by David R. MacDonald, LSP, of Woodard & Curran, Inc., Federal Management Company should be identified as the person undertaking response actions. Necessary Response Actions And Applicable Deadlines Submit to the Department for the subject site: 1. A completed Tier 11 Classification Transfer Form in accordance with the MCP (310 CMR 40.0560(8))by September 21,2007. 2. A Phase II Report, and if applicable, a Phase III Remedial Action Plan and a Phase IV Remedy Implementation Plan prepared by a Licensed Site Professional (LSP) in accordance with the MCP (310 CMR 40.0800); or a Response Action Outcome Notice of Responsibility 1-14435 Interim Dead lines (RAO) Statement prepared by a LSP in accordance with 310 CMR 40.1000 by November 2, 2007. The above deadlines constitute Interim Deadlines in accordance with 310 CMR 40.0167 and 40.0170(5). If you need an extension of an Interim Deadline, you must submit a request for an extension to the Department within 30 days of the date of this letter. No disposal site will be deemed to have had all the necessary and required response actions taken for it unless and until all substantial hazards presented by the release and/or threat of release have been eliminated and a level of no significant risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. The MCP requires persons undertaking response actions at a disposal site to submit to the Department a Response Action Outcome Statement prepared by a Licensed Site Professional upon determining that a level of no significant risk already exists or has been achieved at the disposal site. Procedures To Follow To Undertake Response Actions You must employ or engage a Licensed Site Professional to manage, supervise or actually perform all response actions which you intend to undertake at this disposal site. You may obtain a list of the names and addresses of Licensed Site Professionals by contacting the Board of Registration of Hazardous Waste Site Cleanup Professionals by telephone at (617) 556-1145 or in person or by mail at One Winter Street, 6th Floor, Boston, Massachusetts 02108. Representatives from the Department are available to meet with you to review the technical and regulatory issues of concern. Please contact Michael Scherer at 413/755-2278 or Baffour Kyei at 413/755-2158 if you have any questions concerning this Notice. Sincerely, T bh Boil document cop).it her prosidtd toils elahoeidh by the aepnrtm of ofEe•iroaouotil PminYioo.A signed ropy of rib document is on fde at tie UP office listed en the lenerbnd. Anna Symington Deputy Regional Director Bureau of Waste Site Cleanup Encl: 21E Liability Summary Certified Mail#: 7005 3110 0001 3150 9701 1-14435norid BK cc: Site Files,BWSC, WERO David MacDonald, Woodard & Curran Inc., 35 New England Business Center, Suite 180, Andover MA 01810 ece: Northampton Chief Municipal Officer Northampton Board of Health Denise Andler, DEP-WERO Ilk 'ODARD URRAN COMMITMENT& INTEGRITY DRIVE RESULTS November 5,2007 Ernest Mathieu, R.S., M.S.,C.H.O Board of Health 212 Main Street Northampton, MA 01060 35 New England Business Ctr. Suite 180 Andover. Massachusetts 01810 www.woodardcurran.com Subject: Public Notification Requirement Phase II Comprehensive Site Assessment Report Phase Ill Remedial Action Plan 20 Hampton Avenue Northampton, Massachusetts MassDEP Release Tracking Number: 1-14435 Dear Mr.Mathieu: T 866.702.6371 T 978.557.8150 F 978.557.7948 This letter is sent to you to fuff ill the public notification requirements established by the Massachusetts Contingency Plan (MCP - 310 CMR 40.0000). As described in 310 CMR 40.1403(3)(e), the public notification provisions require that the Chief Municipal Officer and the Board of Health be notified that a Phase II Comprehensive Site Assessment (CSA) report and a Phase III Remedial Action Plan (RAP) have been prepared for the disposal site referenced above. As required by the MCP, a copy of the summary of findings and statement of conclusions of the Phase II CSA report and Phase Ill RAP are enclosed. In accordance with 310 CMR 40.1406(1)(a), a copy of the Phase II Summary of Conclusions and disposal site map have been included. A complete copy of the Phase II CSA report and Phase III RAP may be reviewed by appointment at the Massachusetts Department of Environmental Protection(MassDEP)Western Regional Office located at 436 Dwight Street in Springfield(ph:413)784-1100)or by contacting me at(978)557-8150. Sincerely, WIODARD&CURRAN INC. David R. MacDonald,LSP Vice President DRWlkbs Project Number:210582 Enclosure: Phase II Summary of Conclusions and Disposal Site Map Cc: MassDEP Western Regional Office 1 la PEON M71 a . 1_.1 1 MUNICIPAL �— �4I$ czt ' v � 4 vu-,aw xuy omn nw L y - � _ I e ar -- uw PROPERTY LIRE 4. as— — STORM SLIVER al swam'sava um mows PUCE — OVERHEAD ELECTRIC UNE caroum 4 WE 0 WIMPLE Li DISPOSAL EIRE cte _, . 0.E„ ro Di .._2 SO,vt,�o.ME o..MER ng \\O .,.�,. ,. T 0 NO NO765 100 .Ve 0 a SUM �lW..Fes.. I w AFIG110.ER a APPRO %. SCALE IN Y([i CONCLUSIONS This section summarizes the findings of the Phase II CSA for the Hampton Avenue site in Northampton, Massachusetts. Extensive historical research and field investigation activities conducted at the site have led to the following conclusions: • The Disposal Site, identified as RTN 1-14435 comprises soil and groundwater at a portion of the Hampton Court Apartments property located at 20 Hampton Avenue in Northampton, MA. A portion of the Disposal Site also extends to abutting parcels to the south of the subject property. • Groundwater is typically encountered at a depth of 12 to 18 feet bgs,with the depth varying seasonally and as a result of precipitation and recharge events. Groundwater flow is generally towards the south, but varies locally due to heterogeneity and the presence of impermeable surface coverings. • Heterogeneous fill,including urban till,extends over the upper eight feet of subsurface soils. • OHM at the site consist of a variety of petroleum hydrocarbons, primarily VPH and gasoline related VOCs,EPH,and naphthalene. These impacts to soil and groundwater at the site are a result of release from former gasoline and fuel oil USTs which were removed in 1984 and 1988, former fuel oil ASTs, which were removed in 1984,the appurtenant piping and loading rack, and filling operations. • LNAPL has not been observed in any monitoring wells at the site. • Soils and groundwater are impacted primarily by VPH,petroleum related VOCs and EPH. • The impact to unsaturated soil is limited to the area of the former USTs and ASTs associated with the Whiting Oil distribution activities. Groundwater impact has extended somewhat radially from the former UST area due to the relatively flat hydraulic gradient, but has mainly migrated in a southerly direction along the groundwater gradient. The most significant impacts extend southerly beneath the current bike path (formerly a rail line) and towards the Randolph Place Condominium property. Soil impacts extend vertically primarily across the smear zone and just above the smear zone. The results of groundwater monitoring in the easterly and westerly directions indicate that the subsurface utilities have not provided a significant preferential migration pathway for groundwater in this direction. • Impacts to the subsurface extend from areas immediately adjacent to the source areas in the northerly, easterly, and westerly directions on the former Whiting Oil property, to the south under the Randolph Place Condominium property along a southerly groundwater flow gradient. • The Method 3 Risk Characterization concluded that cumulative cancer and noncancer risks estimated for current utility workers, and future construction workers do not exceed MCP risk limits. However, cumulative noncancer risks estimated for the hypothetical future resident scenario and for the off- property current resident scenarios do exceed MCP risk limits, primarily due to the potential levels of EPH fractions in indoor air(due to potential vapor intrusion)and soil. Thus,a condition of no significant risk to human health has not been achieved at the site for reasonably foreseeable future site uses. • A condition of No Significant Risk to safety, public welfare,and to the environment has been achieved at the site for current or future foreseeable conditions. • Further MCP response actions are required at this site. A Phase III Remedial Action Plan(RAP)will be prepared in accordance with 310 CMR 40.0850. IODARD :URRAN COMMITMENT&INTEGRITY DRIVE RESULTS 980 Washington Street. Suite 325 Dedham, Massachusetts 02026 www woodardcurrancom January 11,2013 Mayor David J.Narkewicz Northampton City Hall 210 Main Street,Room 12. Northampton,MA 01060 Re: Notification of Activity and Use Limitation 20 Hampton Avenue, Northampton,MA MassDEP Release Tracking Number: 1-14435 T 800.446.5518 F 781 251 0847 Dear Mayor Narkewi�cz: This letter is being sent to you to fulfill the public notification requirements established by the Massachusetts Contingency Plan (MCP; 310 CMR 40.0000). In accordance with the public notification requirements described in 310 CMR 40.1403(7),we are notifying you that a Notice of Activity and Use Limitation(AUL)was recorded at the Hampshire Registry of Deeds for the above-referenced property on December 18, 2012 in Book 11159, Page 125. As required by 310 CMR 40.1403(7)(a), you are being provided with a copy of the Notice of AUL within 30 days its recording. If you have 40 ShattuckaRoad,So to 1 0 this Massachusetts 01810, rr by telephone at(978) Woodard &Curran, Sincerely, WOODARD&CURRAN INC. David R. MacDonald,PG, LSP Senior Vice President PN 210765 Enclosure: Copy of recorded Notice of AUL(Book 11159,Page 125) cc: Louis Hasbrouck,Building Commissioner,Office of the Building Commissioner Merridith O'Leary, RS,Director of Public Health,Nodhampton Health Department Massachusetts Department of Environmental Protection,Western Regional Office Bk: 11159 Pg: 125 ���il Ili'��81�I1111 B 11159P9:125 Page:1 0127 Re ordeal: 12/ B/ 012 03:31 PM Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L.c.21E,§6 and 310 CMR 40.0000 Disposal Site Name:20 Hampton Avenue,Northampton,Massachusetts DEP Release Tracking No.(s): 1-14435 This Notice of Activity and Use Limitation ("Notice") is made as of this 9'7o Jaye of eve+tt ber , 201 -, by Hampton Housing Associates Limited Partnership, Management Company,Inc., 175 Federal Street,Suite 700,Boston,MA,02110,together with its successors and assigns(collectively "Owner"). WITNES SETH: of WHEREAS, Hampton Housing Associates Limited Partnership, is the owner in ees$impl the that certain parcel of land located in Northampton, Hampshire County, Toner buildings and improvements thereon, pursuant to a deed recorded with the Hampshire Registry of Deeds in Book 3230,Page 57; WHEREAS,said parcels of land,which is more particularly bounded o this Notice of in Exhibit A, attached hereto and made a part s hereof CPr peplan) recorded it the Hampshire Activity and Use Limitation. The Property Registry of Deeds in Plan Book 155,Page 67; WHEREAS, a portion of the Property ("Portion of the Property") is subject to this Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. The Portion of the Property is shown on a plan recorded with the Hampshire Registry of Deeds in Plan Book Plan 100 ,and on a sketch plan attached hereto and filed herewith for registration;. WHEREAS, the Portion of the Property comprises part of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof;and Bk: 11159 Pg: 126 WHEREAS, one or more response actions have been selected for the Portion of the Disposal Site in accordance with M.G.L. c. 21E ("Chapter 21W) and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material through,iloaor groundwater and/or (b) the restriction of certain activities occurring in, on, under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion CAUL Opinion"), dated Nuxn .'i1 2012, (which is attached hereto as Exhibit C and made a part hereof); NOW,THEREFORE,notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. ctivitiie d Uses C.nsistent ' . .e A •.inion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Portion of the Property: (i) Activities and uses on the Portion of the Property involving multi-family residential development, industrial or commercial development and/or operations including, but not limited to, day care facilities, educational facilities, offices, retail businesses, restaurants,and other such uses provided that all buildings used or designed for human occupancy are constructed with a slab-on-grade foundation, or with sub-grade parking, and are constructed in accordance with Obligations and Conditions(i)and(ii)in Paragraph 3 below. Outdoor uses of the Portion of the Property including playgrounds, recreational fields, parks, bike paths, vehicular and pedestrian traffic, vehicular parking, landscaping, hardscaping, routine maintenance of hardscaped and/or landscaped areas and customary accessory uses are also allowed. (ii) Emergency utility work including excavation,maintenance and repairs to site utilities; (iii) Short-term (6 months or fewer) construction, development, excavation and/or other subsurface activities, including, without limitation, non-emergency utility work, provided that such work is (a) conducted in accordance with the management procedures given at 310 CMR 40,0030, and any applicable worker and public health and safety practices pursuant to 310 CMR 40.0018, and (b) managed in accordance with Obligations and Conditions (i) and (ii) in Paragraph 3 below; l (iv) Such other activities and uses which, in the Opinion public of naLSP, s all present no greater risk of harm to health, safety, p n environment than the activities and uses set forth in this Paragraph;and (v) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. Bk: 11159 Pg: 127 2. Activities and U es lnconsisten th he AUL O!' 'on. Activities and uses which are inconsistent with the objectives of this Notice.of Activity and Use Limitation, and which,if implemented at the Portion ion of oft or Property,may result It in in a significant risk of harm to health, safety,public hazard,are as follows: CO Use of the Portion of the Property for single-family residential purposes; (ii)Use of sub-grade buildings or structures at the Portion of the Property for occupiable space, such as residential space, offices, retail businesses, restaurants,childcare or other regular occupancy; (iii) With the exception of emergency utility work as described in Paragraph 1 (ii),invasive activities and/or uses which are likely to involve the excavation, removal and/or subsurface disturbance of soil and/or groundwater at the Portion of the Property,without the prior development and implementation of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations and Conditions (i) and (ii) in Paragraph 3 below;and (iv) Any long term(more than 6 months) invasive subsurface activities at the Portion of the Property unless such activity is evaluated by a Licensed Site Professional who renders an Opinion that states that such disturbance is consistent with maintaining a condition of No Significant Risk. 3. O. i,; 'o s :.d Conditions Sa . : i. _ e AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) A Soil Management Plan must be developed and implemented prior to the initiation of any planned (non-emergency) invasive subsurface activity (e.g., construction) to be performed with respect e soil and/or prepared ter at the e Portion of the Property. The Soil Management in accordance with the soil management procedures of the MCP at 310 CMR 40.0030 et seq.;and prior to the (ii) A Health and Safety Plan must be developed vand implemen ted pity to be initiation of any planned (non-emergency) performed with respect to soil and/or groundwater at the Portion of the Property. The Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in health and safety protocols. The Plan should clearly describe the nature of the oil and hazardous materials located in soils and/or groundwater throughout the area of the Portion of the Property where invasive subsurface activities are planned and specifically identify Bk: 11159 Pg: 128 the types of personal protective equipment, monitoring devices, and engineering controls necessary to ensure that workers are not exposed On a manner inconsistent with the MCP or this AUL)via dermal contact,ingestion,and/or the inhalation of particulate dusts/vapors.Workers who may come in contact with soil and/or groundwater at the Portion of the Property must be informed that soil and/or groundwater impacted by oil and/or hazardous materials is located throughout the Portion of the Property and bef tined e aware tthat all ininvasive aive subsurface activities in such areas must be pe requirements of the Health and Safety Plan. The Plan must be available on-site throughout the course of the work. • 4. •r...sed Ch ! in A ti i"e ,_ •. s _, Any proposed changes in activities and uses at the Portion of the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40,1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety,public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Vio .f.. o. : Res.ms Action • tco e. The activities,uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with to310h e o or 0.1080in a seq, and without additional response actions,if necessary, of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change -without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with subject to this Notice at the time that nertor operator , the and/or of the su Property shall comply with the requirements set activities, uses and/or exposures change, forth in 310 CMR 40.0020. 6. Inco .oration Into Deeds Mort Leases and In is of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer,whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Bk: 11159 Pg: 129 Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). WITNESS the execution hereof under seal this awn day o 20/L. Hampton Hous By: Schoche Its General By: Richard .Henk President and Tr COMMONWEALTH OF MASSACHUSETTS At 2012 5s On this 2. day of 2ypetaW, 2012, before me, the undersigned notary public,personally appeared g4c +j ) $Lt4 W(name of document signer), proved to me through satisfactory od evidence of identification, were fisiggis to be the person whose ame is signed on the preceding or attac hed document, and aclmowledged to me that he signed it voluntarily for its stated purpose. (as partner for ,a partnership) (as for°' ,a corporation) ) (as attorney in fact for the principal) (Ore) (as �� for a-te (official signature and seal of n Bk: 11159 P9: 130 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with terms set forth, said and Use Limitation Opinion. Date: V. tZ David R.MacDonald,PG,LSP COMMONWEALTH OF MASSACHUSETTS [LSP SEAL 1 I ,2012 f:5e SS On this PI day of Ctm , 2012, befogs me, the undersigned notary public, personally appeared 1 CS 0 IUA 1J7na ki (name of document signer), proved to me through satisfactory evidence of identification, which were _76/1_1t sf— , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. (as partner for (as Ls? for (as attorney in fact for (as for a partnership) -Hu_ Ix lout ,a corporation) the principal) (a)(the) Upon recording,return to: Hampton Housing Associates Limited Partnership c/o Federal Management Company,Inc. Richard I.Henken President and Treasurer 175 Federal Street,Suite 700 Boston,MA 02110 CHRISTINE M.BROWN NOTARY 11 W 111 Bk: 11159 Pg: 131 EXHIBIT A LEGAL DESCRIPTION ECT AN CONTAINING AREA SUBJ Bk: 11159 P9: 132 _''$31.0072 Val Dual as) ?bat oottala tract Sr pertel of land. topmast with the eWCadist Pewees. 'Stott, N tae Nattaattttlt 1160 of plataaat OtrHt W tee MatMaatlrty line of Smote* MMN Loo 6rtMptat. IYPa btaaopuattt, bom0ed the Naerined u tallow; MgiS4lq at a paint es Raid Southeasterly lino of aaptae Mean at land of Tripp Meatip. LM.. matt foist �aing loaned I. 31' dT Meow 14.02 feet as sotd a ttee corner Southeasterly the walk at tag intarawtitn of said OouMeasterly line of lepton Autos* sad said deatywttttlT line of fieisant Street; Thence ramming S. 52" II' 57' S. along Rald land of Tripp Maactatts. ltd. end sloop land of Donald I. yodrin 131.13 feet to a pint; thence canning S. 31' 43' 411 a. aloe; said land of 0esalt S. Toddia IS.00 feet to a palat ea said So.NweirlY line of pleasant Street; Them cantata O. 45' 04' OS' O. atop said Southvootorly lint of 'loosest Street 51.10 fan to a point at land of Lan Watson i willies n Loinh UN Thence palls 232.41 feet to•aapointeat land of land of 'salty i fl• at; Venn naming I. 51' 21' 54' N. 13.11 toot to a point; Thew* roening I. 44' 8' 01' I. 35.35 fit to a point, Mallet raring S.JP i' 21' W. 43.40 feet to a paint: thews rimming S. 351 11' If" I. 654 feet to a point; la•aoe running I. !O' i' 11' S. 54.14 toot to S mint; !beam running I. IS' 41' 13' I. 5.12 toot to a point at land nnew fling sleet said land of lee. ltno last Treat); ee Thence running L along d it Sward doll. Inc. 1503 feet to Rpoint on maid Muth emrly lbw of lee pton MNee; Thence tanning I. t X. along sold ace tof gi line of • e 44latat bo o stre he p nel legion/n.31 Containing 44,517 *goat* of ;sod, ndo 1. . Bk: 11159 Pg: 133 v. ttac Icont'd1 going to tame premised ebov0 and dedorib1 as 44411IR N. 6121Il'L12 JR. 666 6006 1,51-1201 II 44,537 I.t.t (1.0122 ACRIosmn a1p0Yel Ian el land entitled `FLAN 06 LAND IN IORTRANTIW U11. lWRO N. RICE JR.", dated Nay 1,. 1111. robe June 1 In the prepared by avoid L. Baton aM Mlalatee Inc., Map.hlte gooney l listry of Dads In nLen look 14t Mrs (7 .—. �strictions ad right of and ay describbed Indeed oof NortIafed Junior t the COILge, fa. to aloes N. Motley. Jt., data denary 16. 174. recorded is gold N.9lOtry to Book t154. Page 11. Sublime to emee.nte and fights el ay set forth in Instruments dated* I. Mbroary 10. 1913 Ned retarded Is the Wpehire Monty Salary of needs. Book 1412, Page If. 2. Juno I. 1126 end worded In sad Registry in Oak 126. Peso 190. 3. Maas. 14. 1973 and retarded In said Oglary in Bak 1741. Beg. 150. 4. Subject to en *want for-utility and polo fiat as sore , particularly sawn on to Koreans..plan o! 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Containing 20,624 square feet,more or less. \__I'll.. | o i / . G � « | ;ill. t ! niil| § Ir © | i \ z ! § Z2 \ } \ w » . '\ . �• \\ I , ! al.• ! , . 2 . 9 ; }\ ^ \ m . It; 7— f k q - : \ « _';/% | : § « � « { ! cJ - ■ \2 ' w- I \ „, > _ } r, J ) - gd \ / , / I e; ( , _- § g ` § \\. \ ' ! { ©d § t m , ,, _ . # \ .k t \ PLEASANT S , ` > 01 (It &m14 m Bk: 11159 Pg: 141 EXHIBIT B SKETCH PLAN OF DISPOSAL SITE ly _7/ N ler % I ` �� �: . 1 A-0% �� li 4 FF •• e 11 rittatatti „. 1„ 9 11 ir it !� t�I it -yy ivsmenkiss.: _i_i 9 ice 1 16 • A igNIT ti -1-i, 1 ivAk .,• , __ u- • . ) d i I s ; it t `1 4ri ! 1 _ 1 11 EC 1 1 a9[ r �1i d i i illas xwnmx ncxuc EXHIBIT B — SKETCH PLAN OF m s.��-I 5 } xm 20 DM 7A:57 UE¢m REA SUBJECT TO AUL IN RELATIO ►• 55 TO BOUNDARIES OF DISPOSAL SITE • 6� 0 /.LTXtt MID USE UN4TAI O1 11flRTN _-._ Z41 :6d 69164 :4£1 Bk: 11159 Pg: 143 EXHIBIT C AUL OPINION Bk: 11159 Pg: 144 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION • Site Name: 20 Hampton Avenue Northampton,Massachusetts MassDEP Release Tracking Number: 1-14435 In accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation (AUL) Opinion has been prepared to support a Notice of Activity and Use Limitation for the Disposal Site to which the Massachusetts Department of Disposal Environmental Protection r located(MassDEP) Hampton has assigned Release Tracking Number (RTN) Avenue in Northampton,Massachusetts. SITE HISTORY The Disposal Site (the "Site") is located along a portion of the 20 Hampton Avenue property, which consists of an approximately quarter-acre, trapezoidal-shaped parcel in Northampton, Massachusetts that is presently improved with a slab-on-grade,three-story apartment building, a two-story row of townhouses, and paved parking areas. An unpaved grassy hill that slopes steeply up to a municipal bike path, approximately 12 feet higher in elevation than the adjacent parking lot, transects the central portion of the Site, bounding the southern portion of the 20 Hampton Avenue property. The elevation of the parking lot and buildings on-site is approximately level with the immediately surrounding properties. The Site also extends onto a portion of the southern-abutting property, which is currently occupied by Randolph Place Residential Condominiums. The Site is located in a mixed residential/commercial area with a parking lot to the west, multi-unit commercial and residential properties to the east, and Randolph Place Residential Condominiums to the southeast (just beyond the bike path). The nearest surface water body is the Mill River Channel,located approximately 50 feet southwest of the Site Areas of Protected Open Space (the municipal path) are located within a portion of the Disposal Site boundary. The 20 Hampton Avenue property,which contains the northern portion of the Disposal Site,was formerly owned by Kimball and Cary Coal and Oil Company (1881-1959) and Whiting Oil Company(1959-1988). Several above-ground and underground storage tanks (ASTs and USTs) were formerly present at the Site, including two (2) 30,000-gallon USTs for No.2 fuel oil,four (4) 20,000-gallon ASTs for No.2 fuel oil, one(1) 2,000-gallon UST for diesel, and one(1) 550- gallon UST for heating oil. These tanks were removed in 1984. A 1,000-gallon No.2 fuel oil UST was also removed during These removed ASTs and USTs are the suspected source of release at the apartment te. building in 1988. Various field investigations have been conducted at the Site between October 2002 and July 2010 in support of MCP reporting requirements including the advancement of soil borings, installation of groundwater monitoring wells,the collection of soil and groundwater samples for hydrocarbons analysis of H) with target compounds gauging s)of light volatile/extractable liquid hydrocarbons groundwater H) the collection of shallow soil gas samples (LNAPL)and groundw depths,and most recently, Bk: 11159 Pg: 145 for laboratory analysis of air phase hydrocarbons(APH). The former USTs that were removed from the 20 Hampton ven a propel property in 1984 andt 1988,nd the piping connecting these USTs to the pump dispensers removed in 1987 served as the primary sources of petroleum release to the subsurface directly from the storage system and from filling activities. The working conceptual site model for the Site hypothesizes that these releases saturated the vadose zone, spreading laterally and vertically until reaching the current state of equilibrium within the groundwater table. The detection of elevated concentrations of VPH and EPH in groundwater indicates that a release of both gasoline and diesel/fuel oil has occurred. LNAPL has not been measured in any Site monitoring wells since the late 1980s. Concentrations of EPH and VPH constituents have decreased significantly over the monitoring period after the UST removals in the 1980s. No exceedances of GW-2 or GW-3 standards in groundwater were documented in monitoring wells sampled between September 2008 and the present. Groundwater concentrations have significantly decreased as a result of the removal of the source USTs, and subsequent natural degradation, advection and dispersion. The soil source areas consist primarily of the former AST/UST aa fdrloading rack k areas in from southern portion of the former Whiting Oil property. potential Site to potential human receptors (such as current/future utility workers, future construction workers,hypothetical future residents of single-family units which may be built over the area of groundwater impact, as well as both current and future residents of the Randolph Place Condominiums)are discussed in further detail in the Method 3 Risk Characterization(Method 3 RC) included in Appendix F of the Class B-2 Response Action Outcome (RAO) Statement (Woodard & Curran, 2010). This Risk Characterization indicates that a condition of No Significant Risk of harm to human health, safety, public welfare, or the environment can be demonstrated for current property use and for future restricted property use based on implementation of an AUL. The construction of future structures within the Portion of the Property with occupiable sub- grade spaces, such as basements, is prohibited through the implementation of this AUL to minimize the potential for vapor intrusion impacts, and to lock in the assumptions used in the Method 3 RC. It should be noted that, although future single-family use of the Portion of the Property was quantitatively evaluated in the Method 3 RC for soil and indoor air exposure scenarios and estimated i naofer and non-cancer y rohibited due t the uncertainty associated with single- family use of the icemen of that future prohibited the requirement that future single-family structures be constructed with a slab-on- grade foundation. For future on-property residents, the calculated risk estimates for indoor air exposures were modeled from soil gas using MassDEP-default residential building parameters with the exception of a recessed basement since it was assumed that an AUL prohibiting the construction of future structures with occupiable sub-grade space would be implemented. It should be noted that under current conditions, no residential structures are located within the on-property portion of the Disposal Site. Since future on-property multi-family structures would likely be larger than that evaluated in the risk assessment,the resulting risk estimates for this scenario are anticipated to be much lower than those Property is not the r restricted, assuming that fuTherefore, ure ostructuresf are built in the Portion of the Property Bk: 11159 Pg: 146 accordance-with the requirements of the AUL(i.e.,no occupiable sub-grade structures). Risk estimates for indoor air exposures of current/future off-property residents were calculated using the approximate building dimensions of the existing condominium building with a slab-on- grade construction. Although the off-property condominium building currently contains a recessed basement, it is reportedly used only for storage and not for routine occupancy. Therefore, risk estimates for this scenario are anticipated to be adequately protective of the existing and reasonably foreseeable future use of the off-property p on of the Disposal Site. It is important to note that the AUL does not apply to the off-property portions of the Disposal Site. Human receptors that could potentially be exposed to OHM at the Disposal Site include current/future utility workers, future construction workers, future on-property residents, and current/future off-property residents through a variety of potential scenarios. Both cumulative cancer and noncancer risks estimated for each of these receptor groups do not exceed MCP risk limits, indicating that a condition of No Significant Risk or harm to human health has been achieved as per the MCP. The results of the risk characterization are based on the assumption that an AUL will be implemented at the Disposal Site that restricts construction of future structures with sub-grade, occupiable spaces, such as basements, to further minimize the potential for vapor intrusion impacts.Use of the Disposal Site for these purposes is inconsistent with the Method 3 RC and AUL. Although current data indicates that future (slab-on-grade) single family residential use of the on-property Site area does not pose a significant health risk, single family residential use was restricted as a prudent measure. However,all other uses of this Site area(i.e.,multi-tenant residential,educational, commercial, recreational, etc.) are permitted, as described in the AUL. An evaluation of risks to safety, public welfare, and the environment was completed for the Disposal Site in accordance with 310 CMR 40.0900. Based on observations made and information collected during environmental investigations of the Disposal Site, conditions at the Disposal Site do not pose a threat of physical harm or bodily injury to people. Furthermore, W&C did not identify release-related conditions that may pose a risk to public safety.Therefore, a condition of No Significant Risk of harm to safety has been achieved at the Disposal Site. There is no adverse impact to the surrounding community from the Disposal Site. A comparison of Disposal Site exposure point concentrations (EPCs) to Upper Concentration Limits (UCLs) indicates that EPCs for both soil and groundwater are well below UCLs. Furthermore, LNAPL has not been observed at the Disposal Site during any investigative activities since the late 1980s. Accordingly, a condition of No Significant Risk of harm to public welfare has been achieved at the Disposal Site Based on current and anticipated future site conditions,there are no complete exposure pathways on-site for terrestrial receptors, and groundwater concentrations are unlikely to result in ecologically significant surface water concentrations in the nearby Mill River Channel. Therefore, a condition of No Significant Risk of harm to the environment has been achieved at the Disposal Site under current and future conditions. REASON FOR ACTIVITY AND USE LIMITATION As previously described, a Method 3 RC was completed in accordance elwith and the CI'to oievaluate and characterize the potential risks to human health, safety, public Bk: 11159 P9: 147 posed by residual OHM concentrations at the Disposal Site and to support a Permanent Solution for the Disposal Site.Results of the Method 3 RC indicated that a condition of No Significant Risk of harm to human health, safety, public welfare, and the environment has been achieved at the Disposal Site for current and allowable future activities and uses. Specifically, the Method 3 RC concluded that residual concentrations of OHM in soil, groundwater, and soil gas at the Disposal Site pose No Significant Risk of harm to current/future utility workers, future construction workers,future on-property residents,and current/future off-property residents.However,since the risk assessment assumed that construction of on-property future structures with sub-grade, occupiable spaces(such as basements)would be restricted, an AUL is necessary for the Portion of the Property containing a portion of the Disposal Site although continued use of the on-property portion of the Disposal Site for multi-family residential use is permitted. Implementation of this AUL will prohibit the construction of future structures with sub-grade, occupiable spaces, such as basements, to further minimize the potential for vapor intrusion impacts. Construction of sub-grade structures for non-routine occupancy, such as parking and accessory uses (i.e., warehouse, storage, pick-up areas, mechanical space, HVAC equipment and related maintenance) is allowed. The AUL also restricts single-family use of the Portion of the Property. In order to ensure that a condition of NSR is maintained at the Disposal Site,an AUL is necessary to maintain and provide notice of the assumptions and restrictions of the Method 3 RC regarding future Disposal Site activities and uses. This AUL is applicable to the Portion of the Property, which is described in Exhibit A-1, and which comprises the portion of the Disposal Site located along the 20 Hampton Avenue property,as depicted in Exhibit B. 1. ACTIVITIES AND USES CONSISTENT WITH THE AUL OPINION. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000)so long as any of the following activities and uses occur on the Portion of the Property: CO Activities and uses on the Portion of the Property involving multi-family residential development, industrial or commercial development and/or operations including, but not limited to, day care facilities, educational facilities, offices, retail businesses, restaurants, and other such uses provided that all buildings used or designed for human occupancy are constructed with a slab-on-grade foundation,or with sub-grade parking,and are constructed in accordance with Obligations and Conditions(i)and(ii)in Paragraph 3 below. Outdoor uses of the Portion of the Property including ygrounds pedestrian traffic, recreational fields, in bike paths, routine maintenance of hards p d and/or landscaped areas landscaping, P 8. and customary accessory uses are also allowed. (ii) Emergency utility work including excavation, maintenance and repairs to site utilities; (iii) Short-term (6 months or fewer) construction, development, excavation and/or other subsurface activities, including, without limitation, non-emergency utility work, provided that such work is(a) conducted in accordance with the management procedures 2 Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Portion of the Property, may result in a significant risk of harm to health,safety,public welfare or the environment or in a substantial hazard, are as follows: (i)Use of the Portion of the Property for single-family residential purposes; (ii)Use suof ch sub-grade buildings ,ostructures s etail businesses,of childcare or other space, such as residential space, regular occupancy; (iii) With the exception of emergency utility work as described in Paragraph 1 (ii), invasive activities and/or uses which are likely to involve the excavation,removal and/or subsurface disturbance of soil and/or groundwater at the Portion of the Property, without the prior development and implementation of a Soil Management Nan and a Health and Safety Plan in accordance with Obligations and Conditions (i) and (ii) in Paragraph 3 below;and (iv) Any long term (more than 6 months)invasive subsurface activities at the Portion of the Property unless such activity is evaluated by a Licensed Site Professional who renders an Opinion that states that such disturbance is consistent with maintaining a condition of No Significant Risk. Bk: 11159 Pg: 148 given at 310 CMR 40.0030, and any applicable worker and public health and safety practices pursuant to 310 CMR 40.0018,and(b)managed in accordance with Obligations and Conditions(i)and(ii)in Paragraph 3 below; (iv) Such other activities and ushich, n the eOpiini or of an LSP , shall 1p rthan ttno greater risk of harm to health, safety, public activities and uses set forth in this Paragraph;and (v) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. D USES IN O SIST'N W T' THE ' UL OPINION. 3. OBLIGATIONS AND CONDITIONS SET FO IN THE AUL OPINION. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) A Soil Management Plan must be developed and implemented prior to the initiation of any planned (non-emergency) invasive subsurface activity (e.g., construction) to be performed with respect to soil and/or groundwater at the Portion of the Property.The Soil prepared the s imanagement t pocedures of the MCP at 310 CMR 40.0030 et seq.;and ce with Bk: 11159 Pg: 149 (ii) A Health and Safety Plan must be developed and implemented prior to the initiation of any planned (non-emergency) invasive subsurface activity to be performed with respect to soil and/or groundwater at the Portion of the Property. The Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in health and safety protocols. The Plan should clearly describe the nature of the oil and hazardous materials located in soils and/or groundwater throughout the area of the Portion of the Property where invasive subsurface activities are planned and specifically identify the types of personal protective equipment, monitoring devices, and engineering controls necessary to ensure that workers are not exposed (in a manner inconsistent with the MCP or this AUL)via dermal contact,ingestion,and/or the inhalation of particulate dusts/vapors. Workers who may come in contact with soil and/or groundwater at the Portion of the Property must be informed that soil and/or groundwater impacted by oil and/or hazardous materials is located throughout the Portion of the Property and be made aware that all invasive subsurface activities in such areas must be performed in compliance with the requirements of the Health and Safety Plan.The Plan must be available on-site throughout the course of the work. LSP CERTIFICATION Name of Organization: Woodard&Cunan,Inc. LSP Name: David R.MacDonald Title: Senior Vice President Telephone: (978)557.8150 1 attest that I have personally examined and am familiar with the information contained in this AUL Opinion, including the Risk Characterization and Notice of AUL accompanying this attestation,and in my professional judgment,the Risk Characterization,Notice of M.G.L.d is AUL Opinion comply with the provision of M.G.L. c. 21A, §§ E,310 CMR 40.0000 and all other laws,regulations,orders,permits,and approvals applicable to such response actions. I am aware that significant penalties may result,including,but not limited to,possible fines an ri end willfully submit information which I know to be false, inaccurate,or inco LSP Signature: Date: 21`I ('- License Number: 2173 LSP Seal: Bk: 11159 Pg: 150 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup ACTIVITY&USE LIMITATION(AUL)OPINION FORM Pursuant to 310 CMR 40.1056& 40.1070-40.10134(Subpart J) BWSC713A Release Tracking Number a 14435 DISPOSAL BrI E LOCATION: . Disposal Site Name 'HAMPTON COURT 2. Street Address 120 HAMPTON AVE 3. City/Town. (NORTHAMPTON 4 ZIP Code' B. THIS FORM IS BEING USED TO: (check one) 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074, 2. Provide the LSP Opinion for anEvaluation of Changes in Land Uses/Activities and/or SNa Conditions after a Response O Action Outcome Statement,pursuant to 31DCMR 40.1080. Include RWSC113A as an attachment to BWSC113. SectionA and C do not need to be completed. ❑ 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4). 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR " 40.1083(3). 5. Provide the LSP Opinion for a Termination de Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). ❑ 6. Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 C MR 40.1071. 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction,pursuant o 310 CMR 40.1081(3). O 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). O 9. Provide the LSP Opinion tore Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). O 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above,all sections of this form(BWSCII3A)must be completely filled out,printed, stamped,signed registered with the Registry of Deeds andlor Land Registration sOffce.) recorded andlor C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed ems 0 a. No Q b. Yes If yes,then fill out address section below. Street Address: 1125 PLEASANT STREET 3. City/Town'. 'NORTHAMPTON 4. ZIP Code 0 's'4�•,4,d•!i��Y Revised:06/27/2003 Page 1 of 2 Bk: 11159 Pg: 151 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup ACTIVITY&USE LIMITATION(ASU�.L)O INIO ORVa fi Pursuant to 310 CMR 40.10 SN107 86010841SubpertJ i"r'" iii ,R •1{T:;t1• BWSC1• 3A Release Tracking Number D. Lest SIGNATURE AND and penalties that I have personal a em famlllerwlth this transmittal form,licetlon I dust g under and pains cements accofPSQpry y,q[o fesaionel op NNppn end judgment based upon app Including)the any and all cafe 30ro MR 4.0(1mgitnis aPPlic l pr&4sI I sof 309 CMR4:02(2)and(3),and 309 CMR4.03(2),and (f)i)thactvndaN of 30re CMR to the es ovA e,inform o andlptief, (Iii)the eprovisions of 309 CMR 4.03(3),to the beat of del D, ��}, )i the Activity and Use amFUsq s rikaitredandorrecorded, vlded atop:f nce with the applicable provisions of M.G.L.a.21E if Secfloneindkafes theta Notice of Activity A aLimitation d 1CMR 40 alndtof this submittal wItl8 fA R40.1 that Is the and 310 CMR 400000 that an complies wlMBf Mfl 40.10'dUsees/A > ifSection 9/ndicates thaten EntultlOn of Ch In Land USaiAcWAles end/or Site Conditions sacra Response Argon Out and Statement nt Is being and submitted.Ocomplbs evaluation was CMR 4de1elopd in accordance with the applicable provisions of M.G.L C. 21E> if Section B indicates that en Amended Notice of Activity and Use Limitation or Amendment to a Gtanto/Environmental potrktl in c orda ce with esppor bleu ovisions of M.G.L.c.21E Limitation that is the subject of 3 0 CMR 40.0000 and(ii)complies isbeing the Activity and Use provided. r if Bedlam Bin accordance a the Termination end Use Limitation,ore Release or registered and/or recorded,the Activity and Use Limitation that > it Seclbn B indicates coal a TennRrotlon ors Partial Termination o/a Notice of Activity Partial Release o/s Gnmelibis berg provided in accordance is being is the subject of this submittal ibis being provided In accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 0.0000 and(ii)complies wM1310 CMR 40.1083; the Activity and Use If Section B indicates that a Grant ofEmironmenrol Rests:Won Is being registered and/or recorded, Limitation that is the subject of this submittal(i)is being provided In accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(II)complies with 310 CMR 40.1071; . > if Section B indicates that a Conhrmetory Adtiviy and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(I)is being provided In accordance withthe applicable provisions of M.G.L.c.21E and 310 CMR40.0000 and(ii)complies with 310 CMR 40.1085(4); I am aware that significant penalties may result,Including,but not limited to,possible fines and imprisonment,if 1 submit Information which I know to be false,inaccurate or materially Incomplete. 1. LSP it 2. First Name: DAVID R 4. Telephone 7. Signature: 3. Last Name: 5, Et MACDONALD 9. FAX: 8. Date: 9. LSP Stamp: Revised:08127/2003 Paget of 2 nicr nBd otnzo Is °Y Aunt* PB ass PG i66 AL-4-.2° r ...A .� �$ • HAMPTON AVENUE I I wuur YU//LL/i/ /a/2////,.///////1,.Uq(� 16.338± 50. Pi. I Y!21 1 co \ r. m f. 5 ....,��,...,.�.,.....,�...,.�... __ 1. Al •^ 31.01 sn sa. r+ 44 537± SO PT _-EH 10223 ACRES n....C ED AAA 4 3 @ _ L! ����/� 2. PA ■ IPAN ,AN U LI fAE1 wr = "° - V V p xv' _ LEGEND 1€-, �P;r. s.....,.a .»r NORTH AMPTON,PMASSACHUSETTS SHO'MNG THE ACPNTY USE AND LlMITAI1ON (AUL) AREA 11010100 ,� HAMPTON HousNG AssonalES uMIiEI PARTNERSHIP _:..... .... . »<..... ..,v..,.R ,,,.,Lroc- .'ate HE Ten,TT THE 'RELEPla S wry, .IS EL I tort a O„✓- °'d e CROSBY ST lyssaK.$) I;Eri3OO::-.11S,ESS. 0 I 's. 4, ti g I 1i mom IF 3/41E5 n. Sosos ss d I KENDRICK St &°""") 3110. i.w,m,t3 a'.1947 TOWN OF SDUT4 HADLEY OLD LIK RD R I-I 0��— .M. ... .... "°^` &DORM DRAIN usmcvr 1 Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs i Department of Environmental Protection Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784-1100 Baker olito Governor May 8, 2015 Iampton Housing Associates Limited Partnership ;/o Federal Management Company [75 Federal Street,Suite 700 3oston,MA 02110-0000 Attn: Richard Henken,President Matthew A.Beaton Secretary Malin Suuberg Commissioner Re: NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE Northampton Hampton Court 20 Hampton Avenue RTN 1-14435 NON-WE-15-3A028 Dear Mr.Henken: On March 16,2015,Hampton Housing Associates Limited Partnership (hereafter referred to as you/your)was notified that the Massachusetts Department of Environmental Protection(the Department,MassDEP)had begun a comprehensive audit of response actions conducted to address the release of oil and/or hazardous material at the location identified above. This Notice informs you of the results of the Department's audit. VIOLATIONS IDENTIFIED The Department has determined that response actions were not performed in compliance with the requirements of the Massachusetts Contingency Plan(MCP). The enclosed Notice of Audit Findings compliance. Specifically,the Notice of Audit Findings and Notice of Nonompliannrequired to contains: (1)the requirement violated,(2)the date and place that the Department asserts the requirement was violated,(3)either the specific actions which must be taken in order to return to compliance or direction to submit a written proposal describing how andcwh a n youspl to return to compliance and(4)the deadline for taking such actions Is information is available in alternate format Call Michelle Waters£kanem,Diversity Director,at 611-292-5751.m#MassRelay Service 1800J35-2370 MassDEP Wehsite:waw.mass govldep Pined on Recycled Paper DRTIIAMPTON,RTN t-14435 2 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE ICENSED SITE PROFESSIONAL(LSP) .copy of this Notice has been sent to David MacDonald,the current LSP-of-Record for the isposal site. However,you,not your LSP,are responsible for responding to this Notice of loncompliance and correcting the violations identified therein. ,IMITATIONS 'he Department's findings were based on the certainty of the information reviewed during the Wit. These findings do not: (1)apply to actions or other aspects of the site that were not reviewed n the audit,(2)preclude future audits of past,current,or future actions at the site,(3)in any way ;onstitute a release from any liability,obligation, action or penalty under M.G.L.c. 21E,310 CMR {0.0000,or any other law,regulation,or requirement,or(4)limit the Departments authority to ake or arrange, or to require any Responsible Party or Potentially Responsible Party to perform, my response action authorized by M.G.L. c.21E which the Department deems necessary to protect wealth,safety,public welfare,or the environment. tf you have any questions regarding this Notice,please contact Catherine Wanat at 413-755-2216.and Enforcement Tracking N Please reference Release correspondence to WE-15-3A028 in any future corresp o dence the Department regarding the site.umber NON- Sincerely, Eva V.Tor Deputy Regional Director Bureau of Waste Site Cleanup Certified Mail#7008 0500 0000 7958 1123,Return Receipt Requested Enc.: Notice of Audit Findings and Notice of Noncompliance e-cc: Northampton: Chief Municipal Officer,Health Department David MacDonald,LSP-of-Record,Woodard&Curran,Inc. Kevin O'Reilly,O'Reilly,Talbot and Okun Denise Andler,DEP WERO Data Entry: RAO/ACTAUD;AUDCOM/NAPNON;FLDRAN 04/06/15 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE NON-WE-15-3A028 RTN 1-14435 THIS IS AN IMPORTANT LEGAL NOTICE. FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. FAME OF ENTITY IN NONCOMPLIANCE: Hampton Housing Associates Limited Partnership do Federal Management Company 175 Federal Street, Suite 700 Boston,MA 02110-0000 Attn: Richard Henken,President LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 20 Hampton Avenue,Northampton DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: January 14,2013,date Response Action Outcome(RAO)was submitted DESCRIPTION OF REQUIREMENTS NOT COMPLIED WITH: 310 CMR 40.1004(1)(a),(b)&(c)-A Response Action Outcome must be: supported by assessments and evaluations that are of sufficient scope,detail, and level of effort to characterize the risks posed by the disposal site; consistent with the Response Action Performance Standard described in 310 CMR 40.0191,including consideration of relevant policies and guidelines issued by the Department and commensurate with the nature and extent of the release and complexity of site conditions. • The vertical and horizontal extent of soil contamination has not been determined at the site. Specifically,the extent of the elevated Extractable Petroleum Hydrocarbon(EPH) concentrations in WC-4 and WC-7 have not been investigated with additional borings to determine the south and outheasttof the contamination ammp n Avenue property Randolph nd bike path.Condominiums to the The storm drain running parallel to the bike path south of WC-4 and WC-7 has not been • evaluated as a potential preferential pathway for contamination from the site. Documentation from previous investigations indicates that soil and liquid near/in the storm drain pipe contained heavily weathered diesel(No. 2)oil. No samples were taken to investigate the )RTHAMPTON,RTN 1-14435 2 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE potential for contamination to move along the storm drain on the Randolph Place Condominiums property and toward the Mill River. The groundwater monitoring performed was not adequate to identify any seasonal trends(all groundwater samples were collected between May and November)and was not current at the time of the RAO in 2013 (the last monitoring had been performed in 2009). The potential for a vapor intrusion pathway at the Randolph Place Condominiums was not directly investigated,despite a history of odor complaints. Violation of 310 40.1003(4) -The boundaries of a disposal site or portion of a disposal site to which a Response Action Outcome(RAO)applies must be clearly and accurately delineated,and )rovided in documentation submitted with the RAO Statement. Co disposal site property,but was not supported report extended onto the field data from that Randolph determine Condominiums pr p rtY, an accurate delineation of the boundary. Violation of 310 CMR 40.1074(2)(a)4—If the AUL area comprises only a portion of the property,the Notice of AUL must include a metes and bounds description of the restricted portion of the property. The distances in the AUL legal description are not consistent with the distances on the plan showing the AUL area. Violation of 310 CMR 40.1074(2)(c)—If the person signing the Notice of AUL is not an individual signing on his/her own behalf,but rather on behalf of an entity(LLC,LLP, limited partnership,etc.)or as trustee, executor,or attorney in fact,documentation of the person's signatory authority must be attached as an exhibit to the Notice of AUL. The appropriate documentation establishing the authority of the person signing the AUL was not attached as an exhibit to the Notice of AUL. For a corporation,the documentation must include a officIncumbency dethend Notice. And, re president and treasurer or assistant treasurer,a Clerk's Certificate from the clerk or the secretary documenting a vote,resolution or by-law authorizing the person to sigt is also required. ACTION(S)TO BE TAKEN AND DEADLINE(S)FOR TAKING SUCH ACTION(S): 1. Within 30 days of the date of this Notice,submit a retraction of the existing RAO Statement,a Tier II Extension Submittal in accordance with in accordance 40.0560(7), and if applicable,a Tier I Permit application package pursuant tot 310 CMR CMR 40.0700. 2. Within 180 days of the date of this Notice: Statement that meets the requirements of the (a) submit a revised Permanent Solution(PS) MCP. 4ORTHAMPTON,RTN 1-14435 3 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE (b)If applicable,file a Confirmatory Notice of AUL prepared in accordance with 310 CMR 40.1085. 3 Complete the actions specified above and submit a Post-Audit Completion Statement in accordance with 310 CMR 40.1170,on the form established by the Department(BWSC- 111),within 180 days of the date of this Notice. For more information on electronic submittal of forms and reports,please visit MassDEP's website, http'//www mass gov/eea/a encies/massdep/cleanup/a_ un_ r ovr=ls/#2. If the required actions are not completed by the deadlines specified,an administrative penalty may be assessed for every day after the date of this Notice that the noncompliance occurs or continues. The Department reserves its rights to exercise the full extent of its legal authority limited in to,order to toal obtain full compliance with all applicable requirements,including, prosecution,civil action including court-imposed civil penalties,or administrative action, including administrative penalties imposed by the Department. II II For the Department of Environmental Protection: Date: By Eva V.Tor Deputy Regional Director Bureau of Waste Site Cleanup