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28 Notice Mass DEP Report 2019 COMMITMENT &INTEGRITY 980 Washington Street I Suite 325 T 800.446.5518 DRIVE RESULTS Dedham, Massachusetts 02026 T 781.251.0200 www.woodardcurran.com F 781.251.0847 Via Regular US Mail August 12,2019. Merridith 0 Leary, RS, Director of Public Health Ah� ` Board of Health' WOODARD Puchalski Muni�ipal Building &CURRA(d 212 Main Stree Northampton, MA 01060 Subject: Public Notification Requirement Notice of Activity and Use Limitation Former Northampton Gas Works 28 Maple Avenue Northampton, MA MassDEP Release Tracking Number: 1-14222 Dear Ma'am: This letter is being sent to fulfill the public notification requirements of the Massachusetts Contingency Plan (MCP; 310 CMR 40.0000). On December 18, 2017, a Notice of Activity and Use Limitation (AUL) was recorded at the Hampshire County Registry of Deeds Book 12834,_ Page 319,for the portion of the, :site referenced above located at 28 Maple Avenue. As required by 310 CMR 40.1403(7)(a),the Chief Municipal Officer,the Zoning Official;and the Building Department are also being provided with a copy of the Notice of AUL. If you have any questions,please contact me at(781)613-0640. Sincerely, WOODARD&,CURRAN �O R. Duff Collins, P.G.,LSP Executive Vices-President Enclosure: Copy of recorded Notice of AUL(Book 12834, Page 319) cc: Mass EP Western Regional Office PN: 206096 i AUL Formsi II III III IIIIIIIIfIIINIIIIIIIINIIIIIIIINIIIINfIi!Illi{III I 310 CUR 40,1099 I1II11Ii�11Ii11�� f 2017 00026424 Bit:12834Pg:319 Paye: 1 of 13 Reoorded: 12/18/2017 12:13 PM DRAFT Form 1075 Note: Pursuant to 310 CMR 40.1074(5),upon-transfer of.any interest in or a right to use the property or a portion thereof that is subject to-this Notice of Activity and Use Limitation,the Notice of Activity and Use Limitation 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. Within 30 days of so incorporating the Notice of Activity and Use Limitation in a deed that is recorded or registered, a copy of such deed shall be submitted to the Department of Environmental Protection. I . - I NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and 310.CMR,40.0000 Disposal Site Name:-F rmer Northampton Gas Works DEP Release,Tracking o.(s): 1-14222 This Notice of Activity and Use Limitation ("Notice") is made as of this day of PP20 I7, by Mark Sayre,having an address at: 28 Maple Avenue,Northampton, Massachusetts 0 106 1,together with their successors and assigns(collectively"Owner"). WITNESSETH: WHEREA , Mark Sayre is the owner in fee simple of that certain parcel.of land located in Northampton,Hampshire County,Massachusetts with the buildings-and improvements ' thereon,pursuant to a deed recorded with the Hampshire County Registry of Deeds in Book 11257, Page 90; WHEREA ,said parcel of land,which is more particularly bounded and described in - Exhibit A, attached hereto and made a part hereof("Property")is subject to this.Notice of Activity and Use.Limitation. Tl�ie Property is shown on a plan recorded in the Hampshire County Registry of Deeds in Plan Book�,q ) Plan I , 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 County Registry of Deeds in Plan Book ?4t 1 , Plan WHEREAS'the Portion of the Property comprises-part of a disposal site as the result of a release.of oil and/?r hazardous material. Exhibit B is a�sketch plan 'showing the relationship 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 AUL Forms 390 CMR 40.9099 WHEREAS,one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 2 1 E ("Chapter 210) 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 in soil and/or groundwater and/or (b) the restriction of certain activities occurring in,on,through,over or under the Property. A description of the basis for such restrictions,and the oil and/or hazardous material release event or site history that resulted in the contaminated media subject to the Notice of Activity and Use Limitation 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-iii this Notice of Activity and Use Limitation are as follows: 1. Activities and Uses Consistent with Maintaining No Significant Risk Conditions. E The followiiig'Activities and Uses are consistent with maintaining a Permanent Solution and a condition of No Significant Risk and,as suck may occur on the Portion of the Property pursuant to 310 CMR 40.0000: (i) Use of the existing building as a single family residential building. (ii) Use or development of the Portion of the Property as a residential, industrial, commercial, or retail property, which would not allow direct contact with soils potentially containing Manufactured Gas Plant(MGP)residuals below elevation 102 feet(NAVD88 datum), which is more than fifteen,(15)feet below ground surface at the time this AUL was recorded,provided that for construction of a future building (bait not an at grade addition), a Licensed Site Professional 6 (LSP)evaluates the potential for vapor intrusion into the proposed building and a vapor.mitigation system,. as .defined in Paragraph 3 (i), is installed if deemed. necessary; i (iii) Excavation and/or removal of potentially MGP-impacted subsurface soils present below elevation 102 feet (NAVD88 datum), provided that the work is conducted in accordance with the performance standards of the MCP and with a Soil Management Plan and Health and Safety Plan approved by an LSP, as per Paragraph 3 (iv) below. Excavation activities must be conducted in accordance with the Soil Management.Procedures pursuant to 310. CMR 40.0030, and all applicable worker health and safety practices pursuant to.310 CMR 40.0018.The excavation shall be backfilled to the ,original grade or to an elevation deemed . suitable by an LSP within sixty(60)days or an alternative time period approved in writing by an LSP; (iv) Emergency repair to subsurface utilities at any depth provided that following utility repair; the excavation is backfilled to the original grade with excavated soils within sixty(60) days or an alternative time period approved in writing by an LSP; AUL Forms 390 CMR 40.9099 (v) Excavation of soils above elevation 102 feet (NAVD88 datum), provided that J I the unexpected event that MGP-impacted soils are encountered, they are managed pursuant to Paragraph 1 (iii); (vi) such other activities 'or uses which, in the Opinion of a Licensed Site Professional,shall present no greater risk of harm to health,safety,public welfare or the'environment than the activities and uses set forth in this Paragraph; and (vii) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with maintaining No Significant Risk Condi 'ons. 2. Activities and Uses Inconsistent with Maintaining No Significant Risk Conditions. The following Activities and uses are inconsistent with maintaining a Permanent Solution and a condition of No Significant Risk pursuant to 310 CMR 40.0000, and, as such,may not occur on the Portion of the Property: • (i) Disturbance, relocation, or removal of potentially MGP-impacted soil belov�j, elevation 102 feet (NAVD88; 15 feet below ground surface) unless the work is conducted in accordance with the performance standards of the MCP and with Soil Management Plan and•Health and Safety Plan approved by an LSP, as per Paragraphs 1 (iii)and 3 (iv);and 4 (ii) Construction of any new building or building modification on the Portion of the'Property without a vapor mitigation measure as defined in Paragraph 3 (i), except as approved by an LSP who renders an Opinion which states that.the use of such building without a vapor•mitigation measure does not pose a significant risk to human health, safety, public welfare and/or the environment. A vapor -mitigation system shall be presumed to not be required if the building design is. an at-grade addition or will eliminate the potential pathway by using an open-air first level or a first level parking garage. 3. Obligations and Conditions. The following obligations and/or conditions are necessary and shall be undertaken and/or maintained at the Portion of the Property to maintain a Permanent Solution and a condition of No Significant Risk: (i) An LSP shall render an opinion stating whether a vapor mitigation measure is needed to prevent a significant risk to human health,safety or welfare of future orcinants of any proposed building modification or new construction,-except as indicated in 2(ii) above. A vapor mitigation measure shall consist of[a] a vapor barrier and/or a sub-slab depressurization system installed below-a building concrete slab floor,mitigating the potential vapor intrusion pathway as approved by an LSP; or [b] an equivalent measure mitigating the potential vapor intrusion pathway as approved by an LSP; AUL Forms 310 CMR 40.1099 (ii) ' Any vapor mitigation measure installed pursuant to'this Activity and Use Limitation must be maintained to prevent future exposures to underlying vapors. Repair/replacement of the vapor mitigation measure must be completed within sixty(60)'days following identification of disrepair or damage; .(iii) Inspection frequency and associated record-keeping activities for the vapor mitigationmeasure, if present, shall be determined by an LSP, An LSP must evaluate vapor mitigation measure operation data and/or indoor air data and render an Opinion as to whether site conditions,activities,and/or uses associated with the building potentially pose a significant risk of harm to human health.The frequency of these evaluations and LSP Opinions shall be specified in the design j of the vapor mitigation measure; (iv) If an LSP Opinion rendered pursuant to Obligation 3 (iii) concludes that future site uses and activities,including exposures associated with future building construction, are inconsistent with maintaining a condition of No Significant Risk,response actions must be conducted in accordance with the Massachusetts Contingency Plan, 310 CMR 40.0000; I (v) A Soil Management- Plan describing soil management and disposal, if necessary, and a Health =d .Safety Plan must be approved by an LSP and implemented prior to the commencement'of any activity that will disturb the g impacted soil located below elevation 102 feet-(NAVD88.datum); and. . (vi) Any MGP-impacted soil encountered during work on the property shall be managed in accordance with the site-specific Soil Management Plan and Health . and Safety Plan. The determination as to whether or not soil at-the site is MGP- ! impacted soil shall be made''based on physical and olfactory evidence of the presence of tar,tar oils,blue or greenish soil or stones,and/or blue wood-chips or olfactory indications of a characteristic coal tar odor(naphthalene odor). Visual and olfactory evidence can be a better indicator of source than the detection of PAHs by chemical analysis.and the detection of PAI-Is by chemical analysis is not, by itself, necessarily a reliable indicator of the presence of MGP-impacted soil. 4. Proposed Changes in Activities and Uses.. 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 a Licensed Site Professional who shall render an Opinion, in accordance with 310 CMR 40.1080,as to whether the proposed changes are inconsistent with maintaining a Permanent Solution and a condition of No Significant Risk. 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.- Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based'shall not change at any time to cause a significant risk AUL Forms 390 CMR 40.9099 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 a Licensed Site Professional in accordance with 310 CMR 40:1080, and without additional response actions, if necessary, to maintain a condition of No Significant Risk. If the acti*ities, uses, and/or exposures upon which this Notice is based change. without the prior evaluation and additional response actions determined to be necessary by a Licensed Site Professional in accordance with 310 CMR 40.1080,the owner or operator of the Portion of the Property subject to this Notice at the time that r the-activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds,Mortgages, Leases,and Instruments 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. .. n q� . 1 AUL Forms 390 CMR 40.1099 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 Licensed Site Professional, and recorded and/or registered with the appropriate Registry of Deeds. WITNESS the execution hereof under seal- this i day of 2017. I Owner .COMMONWEALTH OF MASSACHUSETTS ' 1 Hampshire , ss Dec. 17 ,2017 On this 17th day of December , 2017, before me, the undersigned notary public, personally appeared Mark A. Sayre (name of document signer), i proved to me through satisfactory. evidence of identification, which were his driver's license ;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 , a partnership) . (as for , a corporation) (as attorney in fact for ,the principal) (as for , (a)(the) �• •���'o�ial signature and seal of notary) .QKA M'�°d:EN�l : Not f'Tv1A$S/CHI1! •.Mj!�Gtirri(i1'ie9lon.�itpit©s, �- - AUL Forms 310 CMR 40.1099 The undersigned Licensed Site Professional hereby certifies that in his Opinion this Notice of Activity and Use Limitation is consistent with a Permanent Solution and maintaining a condition of No Significant Risk. Dater 2~ l- ?o( �, may.,L��3, :F' R.Duff Collins Licensed Site Professional COMMONWEALTH OF MASSACHUSETTS N°!- °'l (T' ss -r� ,2017 On this II day of 2017, before me, the undersigned notary public, personally appeared YZ. -f Gcl1 f,S , (name of document signer), proved to me through satisfactory evidence of identification, which were � to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. (as partner for , a partnership) (as for , a corporation) (as attorne; in fact for ,the principal) (as for , (a) (the) (official signature and seal of notary) TIMOTHY TJ. VjW4 Noigry Public COMMONWEALTH. •MAwmumna Upon recording, return to: ah+ Ecmmission expire$ ' November Ia, gpgg Northampton,MA,01661 � 1 ENTMIT A (Description of Parcel of Land Containing Area Subject to AUL) Land in the City of Northampton,Hampshire County,Massachusetts on Maple Avenue and recorded with the Hampshire County Registry of Deeds (Boole 11257,Page 90)and further described as follows: Beginning at a point-on the Northerly side of Maple Avenue which point marks-the Southwesterly corner-of the parcel;thence N.36° 47'53" W. a distance of One Hundred Sixteen and Seventy-Six Hundredths (116.76)feet to a point;thence N. 530 05' 59" E. a distance of Thirty Seven and Fifty'Two Hundredths(37.52) feet to a point; thence ! f r N. 510 42'29" E. a distance of Fifty Six and Sixty-Nine Hund#edtbs(56.69) feet to a point.; thence S. 36° 54'01" E. a distance of One Hundred Seven and Ninety-Nine Hundredths (107.99)feet to I a point;thence i, S. 37°43'34" W. a distance of Thirty Five and Fifty-Three Hundredths(35.53) feet-to a point; I 'thence S. 52° 18'34" W. a distance-of Fifty Eight and Ninety-Nine Hundredths(58.99) feet to the point or place of beginning: l . y EI NIMIT A-1 (Description of Area Subject to AUL) Land in the City of Northampton, Hampshire County,Massachusetts on Maple Avenue and recorded with the Hampshire County.Registry of Deeds (Book 11257,Page 90) and being shown as the 'AUL Area" on a plan recorded with the Hampshire County Registry of Deeds in Plan Book�Page )`y said portion of a parcel of land being bounded and described as d follows: ' . p Beginning at a point o the Northerly side of Maple Avenue which point marks the Southeasterly corner of the parcel;thence S. 37°43' 34" W. a distance of Twenty(20.00)feet;thence 9 N.'50° 5750" W. a distance of Eighty Three and Forty-Four Hundredths(83.44)feet to a point; thence S. 59°20'40" W. a distance of Fifty Five (55.00)feet to a point; thence N. 36"4753" W. a distance of Twenty Five(25) feat to a point;thence ' F N. 53° 05' 59"E. a distance of Thirty Seven and Fifty.Two Hundredths(37.52)feet to a point; j thence • I N.51'42' 29"E. a dis ance of Fifty Six and Sixty-Nine Hundredths(56.69)feet to a point; thence S. 36°54' 01 E. a distLe of One Hundred Seven and Ninety-Nine Hundredths (107.99)feet to a point or place of beginning. 1 I El _ Ill m \ I e ti \ l 0 I / z \ \ \ m ` 1 t � FORMER NORTrIAMF?ON GAS WORkS NOWMAMATON,MASSACHUSETTS ORolYnhlhBtcRStree1 sA6oa R � EXHIBIT B �,. Dom,em,Meee9diue.0e02606 n'• Ak 1001646,55111 ernw.vrandeedwrtdncom DESIGNED 11 RWM' CHECKED Y; RDC SS 0:{A4."RR61�I COMWfLERf6WiEGRNYDRIYERESIAB. DRAWN BN EVR SITESVRROONDINCWEST_4.13�WO {'i R fN e n e EXHIBIT C ACTIVITY AND USE LIMITATION OPINION 28 Maple Avenue,Northampton,Massachusetts DEP Site#1-14222 I The land subject to this AUL(the"Portion of the.Property") is situated about 600 feet east of the former location of the Nortliamlpton Gas. Light Company Manufactured Gas Plant (MGP), which-is described further below. MGP res�duals attributable to the release identified by the Massachusetts Department of Environmental-Protection.(MassDEP) as Release Tracking Number (RTI) 1-'.14222 have been identified within groundwater and subsurface soil below the water table beneath the Property and are included within the Disposal Site Boundary. Assessment actions on the Property.included collection and analysis of the following sample types: i • Surface and sub urface soil; Groundwater; , - T Sub-slab soil vapor; and o Indoor air. These assessment actions did not identify the presence of any Manufactured Gas Plant(MGP)residuals in soil above the water table,which occurs about.15 feet below ground surface.MGP operations did not occur on the Property. The Disposal-Site extends laterally across the Property as shown on Exhibit B.The vertical extent of the Disposal Site extends fi om the top of the water table to the vertical downward extent of MGP impacted soil P and/or groundwater,typi�ally at the depth(20 to 23 feet below ground surface)of the top of the clay surface that comprises the former bottom of Glacial Lake Hitchcock.MGP residuals migrated to areas outside the former MGP operations wia groundwater migration or oil-like material migrating on top of the underlying f clay,an impermeable bo ndary. ! The Portion of the Property on which this.AUL is being implemented is currently asingle-family residence. The one-story residence was construcied in about 1953. Prior to 1953, the Property was vacant and , undeveloped according to historical topographic.maps.The Mill kiver was formerly located directly north ' of the Property. The river, which flowed from west to east, was diverted in 1940 for flood protection purposes,and its former(channel directly north of the Property is currently a storm water channel. Site History The Northampton Gas L�ght Company MGP was initially developed on land west of the Property in about 1855.The MGP operated until 1951.Most of the gas manufacturing structures were demolished in 1962. The MGP property and emainmg structures were donated to the City in 1973. Environmental assessments conducted at the Disposal Site were completed in accordance with the requirements of the Massachusetts Contingency.Plan(MCP).The Phase 11 Comprehensive Site Assessment resulted in a detailed conceptual site model for the Disposal Site. Some MGP impacted material,including ash, coal, and clinkers, was likely used as fill material within the footprint of the former facility or was graded and rd-worked around the facility to the west ofthe Property:Tar.and oily MGP residuals also were likely released from conlainers'or through foundations'into the subsurface to the'west of the Property.The oily.MGP residuals, being denser than water,migrated downward through the heterogeneous.subsurface fill and glacio-fluvial sand and gravel underlying the facility.Clay and other fine-grained,impermeable soil are present below the sand and gravel at depths ranging from 20 to 35 feet below ground surface. Where the dense oil encountered these fine-grained clay or fine-grained soils,it either accumulated at that location or migrated laterally along the upper surface ofthe clay/soils,impacting the subsurface beneath the Property and other properties south and east of the'MGP. Some MGP constituents have dissolved in groundwater and have migrated advectively with the natural groundwater flow. ' G Following Phase Il assessment activities,remediation activities were prinnarily conducted on the land west of the Property(the northern portion of the Roundhouse Parking Lot)'including: ® Excavation of a minimum of three feet of soil over the portion of the Roundhouse Parking Lot. formerly occupied by the MGP facility.Installation of a constructed barrier consisting of a marker a layer(orange-colored geotextile)and a three-foot thick clean soil layer above the marker layer was j completed in this area. i • Excavation and off=site disposal of soil,bricks,and coal tar residuals present within the former gas j holders, tar wells, a tar separator, and drip pots as well as excavation and off-site disposal of impacted soil adjacent to these structures. • Relocation/replacement of all shallow and deep utilities that pass through the former gas holder to the west of the Roundhouse Building. • Excavation along shallow utilities on the northern portion of the Roundhouse Parking Lot adjacent 11i to the Roundhouse Building to install remediated utility corridors. Following completion ofthe reme.diation activities,a Phase IV Remedy Inspection and Completion Report and Class C Response Action Outcome (RAO) Statement were completed. The Substantial.Hazard 3 Evaluation within the Class C RAO Statement assessed-the exposure scenario for a current visitor/trespasser and current utility worker on the Property. The Substantial Hazard Evaluation concluded workers maintaining the current asphalt pavement surface of the municipal parking lot on the Property have no l I exposure because of the depth of the MGP residuals. The cumulative cancer and non-cancer risks for the visitor/trespasser and utility worker do not exceed risk limits specified at 310 CMR 40.0993(6). Under the MCP as.revised in 2014,a.Permanent Solution with Conditions will be.achievable for the Site or portions of the Site once AULs are in place.The overall Site strategy is to achieve permanent closure(i.e., ' Permanent Solution with Conditions), although actual risks will not change in moving,from temporary closure status (i.e., Temporary Solution with Conditions, formerly a Class C Response Action Outcome Statement). Some AULs have been placed on portions of the site,including on the City-owned.Roundhouse Parking Lot,the former location of the MGP. Closure documents and additional Site information are,and if updated will be, available on the Massachusetts Department of Environmental Protection's Bureau of Waste Site Cleanup website under the Release Tracking Number for the Site of RTN 1-14222. Reason for Activity and Use Limitation To limit future potential exposures on the Portion of the Property subject to the AUL.(see Exhibit A-1), certain activity and use restrictions will be placed on the Portion ofthe Property. Specifically, this AUL will prevent exposures of certain receptors (i.e. trespassers, utility workers, future construction workers, and future residents)to MGP residuals in the subsurface.There are no risks of harm to human health posed by the MGP residuals-that are present at the disposal site under current activities and uses because humans are not able to contact the MGP residuals in their present location. This AUL will require that a Soil Management Plan(SMP)and Health and Safety Plan(HASP)be developed and implemented prior to any Y t, t � � • 1 -activities that would require excavation and subsequent contact with soils located below elevation 102 feet (NAVD88 datum),or greater than 15 feet below the current ground surface. 1 c ! 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