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67-69 MASS DEP Report 2019 COMMITMENT &INTEGRITY 980 Washington Street I Suite 325 T 800.446.5518 DRIVE RESLIi TS Dedham, Massachusetts 02026 T 781.251.0200 www.woodardcurran.com F 781.251.0847 Via Regular.US;Mail i August 12,2019 o �►._ Merridith 0 Leary, RS, Director.of Public Health 4411k Board of Health; a� aPuchalski Municipal Building WOODARD 212 Main Street &CURRAN Northampton,ISA 01060 Subject: Public Notification Requirement Notice of Activity and Use Limitation Forme Northampton Gas Works 67-69 Old South Street Northampton, MA MassDEP Release Tracking Number: 1-14222 Dear Ma'am: I This letter is being sent to fulfill the public notification requirements of the Massachusetts Contingency Plan (MCP; 310 CMR 40.0000). On April 3, 2018, a Notice of Activity,and Use Limitation (AUL) was recorded at theHampshire County Registry of.Deeds, Book 12916, Page 33, for the portion of the site referenced above located at 67-69 Old South Street. 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)613-0270. Sincerely, WOODARD&CURRAN Uv R. Duff Collins, P.G., LSP Executive Vice President Enclosure: Copy of recorded Notice of AUL(Book 12916, Page 33) cc: Mass 1DEP Western Regional Office PN: 206096 i - - - - - - - - - - - - - - f - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . ... . . . . Illlllllllllllllllll�IIIIIIIIIIII IIIII II{II><IIIIIIIIIIIII I{II Il 111 I 310 CMR 40.1099 2018 00 05854 Bk:12918Pg:33 Page:1 of 12 Recorded: 041031P01811:07 AM J I _ Form 1075 I Note: Pursuant to 310 CMR 40.1074(5),upon transfer of any interest in or a right to use the property or y 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 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L, c. 21 E, § 6 and 310 CMRR 40.0000 Disposal Site Name: Former Northampton Gas Works DEP Release Tracking INo.(s): 1-14222 his Notice of Activity and Use Limitation ("Notice") is made as of this + a� day of -T2018, by Elizabeth Hynes, having an address at: 67-69 Old South Street, North pt n, Massachusetts 010.61, together with their successors and assigns (collectively "Owner"). t WITNESSETH: WHEREAS, Elizabeth Hynes 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 9490, Page 156; WHEREAS, said parcel of land,which is more particularly bounded and described in Exhibit A,attached herieto and made a part hereof("Property")is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in the Hampshire County Registry of Deeds in Plan Bookl Y Plan 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 iso sChJown on a plan recorded with the Hampshire County Registry of Deeds in Plan Book 1 Plan 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 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 I J 1 I I AUL Forms 390 CMR 40.1099 WHEREAS,one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 21E ("Chapter 21E") 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 in this Notice of Activity and Use Limitation-are as follows: 1. Activities and Uses Consistent with Maintaining Na Siguficant Risk Conditions. The following Activities and Uses are. consistent with maintaining a Permanent Solution and a condition of No Significant Risk and, as such, may occur on the Property pursuant to 310 CMR 40.0000: (i) Use of the existing building, which within the boundaries of the disposal site,as a single family residential building. i I (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 potentially MGP-impacted subsurface soil below elevation 105 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 (but not an at grade addition), a Licensed Site Professional (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; . (iii) Excavation and/or removal of potentially MGP-impacted subsurface soils present below elevation 105 feet (NAUD88 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 tune period approved in writing by an LSP; AUL Forms 390'CMR 40.9099 (v) Excavation of soils above elevation 105 feet (NAVD88 datum), provided that in;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 Conditions.' 's 2. Activities and Uses- Inconsistent with Maintaining No Sigmificant Risk Conditions!. The following Activities and uses are inconsistent with maintaining a Permanentl 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 below elevation 105 feet (NAVD88; 15 feet below ground surface) unless the work is conducted in accordance with the performance standards of the MCP and with al Soil Management Plan and Health and Safety Plan approved by anISP, as per Paragraphs 1 (iii) and 3 (iv); and (ii) Construction of any new building 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 hurnan-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 aPermanent 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 occupants 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) A vapor mitigation measure,if present,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 mitigation measure, 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 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; III 1 (v) A Soil Management Plan describing soil management and disposal, if necessary, and a Health and Safety Plan must be approved`by an LSP and i implemented prior to the commencement of any activity that will disturb the impacted soil located below elevation 102 feet(NAVD88 datum);and .(vi) Any MOP-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 A.UL Forms 310 CMR 40.9099 of harm to ihealth, 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 activities, 'uses, and/or exposures upon which this Notice is based change without th'e 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 the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. I I' 6. Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This Notice shalll 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, Ii I i i .Aov WITNESS the execution hereof under seal this / day of 2017. i Eliza eth Hynes --~ Owner COMMONWEALTH OF MASSACHUSETTS � ss 2017 j On this � 'day of 1,41mem b , 2017, before me, the undersigned notary i public, personally appeared (name of document signer), proved to me through satisfactory evidence of identification, which were toCPnc•l- , to be the'person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose. as the (1-)n p o � (official signature and seal of notary) LISA M DLANCHETfE Notary Public 't ti Commonwealth of Massachusetts My Commission Expires August 23,2124 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. Date: 6 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. Date: i t kAy .. _ v:i yA. s• r ,'1,x.14 R. Duff Collins Licensed Site Professional 1 COMMONWEALTH OF MASSACHUSETTS P h P J i .\J G Y 0,((C , ss 1 � � � , 2018 On this 1:• day of'ZTR 1 , 2018, before me, the undersigned notary public, personally _ appeared (name of document signer), proved to me through i satisfactory evidence of identification, which were V e�Vson it{ Rio I��,e , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that(he) (she) 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) h � U (official signature and seal of notary) Upon recording, return to: TIMOTHY J. FINN Notary public COMMONWEALTH OF MASSACHUSETTS My Commission Expires November 18, 2022 1 EXHIBIT A (Description of Parcel of Land Containing Area Subject to AUL) Land in the City of Northampton,Hampshire County,Massachusetts on Old South Street and recorded with the Hampshire County Registry of Deeds (Book 9490,Page 156)and further described as follows: Beginning at a point near the intersection of Old South Street and C.Iark Avenue which point marks the Southwesterly corner of the parcel;thence d N. 06°39' 10" W. a distance of Three Hundred Thirteen and Nine Hundredths (313.09)feet; q thence r N. 83° 46' 15" E. a distance of Twenty One and Eighty Eight Hundredths (21.88)feet to a point; thence I 1 S.06° 10'33" E. a distance of Eighty Three and Zero Hundredths(83.00)feet to a point;thence S.460 30' 33" E. a distance of Ninety Four and Seventy Eight Hundredths(94.78)feet to a point; thence 1 S. 53° 39'50" W. a distance of Twenty Four and Twenty Five Hundredths(24.25)feet to a point; i thence ' 9 S. 32° 09' 10" E. a distance of One Hundred Twenty Nine and Seventy Nine Hundredths (129.79) feet to the point;thence S. 61'33' 47" W. a distance of Seventy Five and Fourteen Hundredths(75.14)feet to the point; thence S. 83' 10'43" W. a distance of Forty Six and Ninety Six Hundredths(46.96)feet to the point or place of beginning. Page 1 of 1 I i ENMIT A-1 (Description of Area Subject to AUL) ' I Land in the City of Nori,hampton, Hampshire County,Massachusetts on Old South Street and recorded with the Hampshire County Registry of Deeds (Book 9490, Page 156) and being shown . as the"A�Area"on a plan recorded with the Hampshire County Registry of Deeds in Plan Boole 2 ,Page 4 , said portion of a parcel of land being bounded and described-as follows: g Beginning at a point N. 06° 39' 10"W.•a distance of Two Hundred Twenty Seven and Fifty Four Hundredths (227.54) feet from the point which marks the Southwesterly corner of the parcel; . thence N. 06 39 10 W. a distance of Eighty Five and Fifty Five Hundredths(85.55)feet;thence i N. 83° 46' 15"E. a distance of Twenty One and Eighty Eight Hundredths(21.88) feet to a point; thence S. 06° 10'3 3" E. a distance of Eighty Three and Zero Hundredths(83.00)feet to a point;thence S. 46° 30'33" E. a distance of Fifty Nine and Seventy Eight Hundredths (59.78)feet to a point; thence ' N. 60°29' 04" W. a distance of Seventy Three and Seventy Hundredths (73.70)feet to a point or place of beginning. ' f Page 1 of 1 I 1 1 000 O m. j t i � v \ \ '0 \ o \ D \ \ c � \ z Z � HIS FORMER NORTHAMPTON GAS WORKS NORTHAMPTON, MASSACHUSETTS adh1m,n.....h... DID28 N A EXHIBIT B �, DedA40351 nahuemadr& q ` BOD.416�791L H w.rxwocdudcumnaan DssKm en RxM CHECKED en NDc OODARD =wTmwff&NmRVDmwRE6uua DRAW Y) M SHE.SGRRWNDINGWESTI.W.DWO CURRAN EXHIBIT C ACTIVITY AND USE LIMUATION OPINION 67--69 Old South Street,Northampton,Massachusetts DEP Site W-14222 i The land subject to this AUL(the"Portion of the Property")is situated about 250 feet south of the former location of the Northampton Gas Light Company Manufactured Gas Plant(MGP),which is described further below .MGP residuals attributable to the release identified by the Massachusetts Department of Environmental Protection(MassDEP)as Release Tracking Number(RTN) 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 evaluation of surface soil,subsurface soil,and groundwater. These assessment actions did not identify the presence of any Manufactured Gas Plant (MGP) residuals in soil above the water table, which occurs about 14 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 i of the Disposal Site extends from the top of the water table to the vertical downward extent of MGP j impacted soil and/or groundwater,typically at the depth(18.5 to 19 feet below ground surface)of the top of the clay surface that comprises the former bottom of Glacial Lake Hitchcock. MGP residuals migrated to ureas outside the former MGP operations via groundwater migration or oil- like material migrating on top of the underlying clay,an impermeable boundary. I The Portion of the Property on which this AUL is being implemented is currently vacant land within a parcel developed with a single-family residence. The two-story residence was constructed in about 1900. The Mill River 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 roperty was filled. Site History The Northampton Gas Light Company MGP was initially developed on land north 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 remaining 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 H Comprehensive Site Assessment resulted in a detailed conceptual site model forthe Disposal Site:Some MGP impacted material, includingash, coal, and clinkers, was.likely used as fill,material within the footprint of the former facility or was graded and re-worked around the facility to the west of the Property.Tar and oily MGP residuals also were likely released from containers 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 of the"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. Page 1 of 3 Following Phase H assessment activities, remediation activities were primarily 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 layer(orange-colored geotextile)and a three-foot thick clean soil layer above g the marker layer was completed in this area. • Excavation and offsite disposal of soil, bricks, and coal tar residuals present within the former gas 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 to the Roundhouse Building to install remediated utility corridors. Following completion of the remediation activities,a Phase IV Remedy Inspection and Completion Report and Class C Response:Action Outcome(RAO)Siatement were completed.The Substantial Hazard Evaluation within the Class C RAO Statement assessed the exposure scenario for a current i 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 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,hi 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). 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 ofRTN 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 activities that would require excavation and subsequent contact with soils located below elevation 105 feet(NAVD88 datum), or greater than 15 feet below the current ground surface. Fi .. 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