Old South Parking Lot 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.woodardourran.com F 781.251.0847
Via Regular"USI Mail
August 12,201
�► Merridith 0 Levy, RS, Director of Public Health
Board of Health .
WOODARD Puchalski Municipal Building
&CURRAN 212 Main Street
Northampton;MA 01060
Subject: Public Notification Requirement
Notice of Activity and Use Limitation
Former Northampton Gas Works
Old South Street Parking Lots
Northampton, MA
MassDEP Release Tracking Number: 1-14222
I.
Dear Ma'am:
This,letter is being sent to fulfill the publicnotification requirements of the.Massachusetts Contingency
Plan (MCP; 310 CMR 40.0000). On July 25, 2019, a Notice of Activity andUse Limitation (AUL) was
recorded at the Hampshire County Registry of Deeds, Book 13332, Page 320,for the Old South Street
Parking Lots.lo ated on the easterly side of 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
Ivo
R. Duff Collins, P.G., LSP
Executive Vice President
} Enclosure: Copy of recorded Notice of AUL(Book 13332, Page 320)
cc: MassDEP Western Regional Office
PN: 206096
Old 501^'YJ Nr►—(( )
AUL Forms 310 CMR 40.1099
- IIIIIII�lllll IIIIIIIIIIIIIII�lllllllll lilllllll IIIIII I IIIII�IIIII •
2019 00 13 l
Bk: 13332Pg:320 Page:1 of 22
Recorded: 07/26/2019 11:20 AM
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r
Form 1075
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Note: Pursuant to 310 CMR 40.1074(5),upon transfer of any interest in or a right to use the property j
or a portion thereof that is subject to this Notice of Activity and Use Limitation,the Notice of Activity I
and Use Limitation shall
beincorporated either in full or by reference into all future deeds,casements,
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 1Je submitted to the Department of Environmental Protection.
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L.c.21E, § 6 and 310 GMR 40.0000
Disposal Site Name: )'ormer Northampton Gas Works
DEP Release Tracking No.: 1-14222 i
This Notice of Activity and Use Limitation("Notice") is made as of this GL day
of � ,2019, by the City of Northampton, having an address at City Hall, 210 Main
Street, Nokharapton,� MA, 01060, together with its successors and assigns (collectively
"Owner").
WITNESSETH: I�
WHEREAS, the City of Northampton is the owner in fee simple of those certain �
parcel(s)of land located in Northampton, Hampshire County,Massachusetts, with the buildings
and improvements thyreon,pursuant to a deed, an order of taking, and a discontinuance recorded
with the Hampshire County Registry of Deeds in Book 2126, Page 310, Book 1152, Page 358,
and Book 13133,Page 269,respectively.
WHEREAS, said parce](s) of land, which is more particularly bounded and
described in Exhibit-Al , attached hereto and made a part hereof ("Property") is subject to this
Notice of Activity and Use Limitation. The, Prowrtv Prowis shown on a plan recorded in the
Hampshire County Registry of Deeds in Plan Book4 ,Plan�, ;
AUL.Forms 310 CMR 40,1099
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
Boole `2.YS,Plan 2.6 :
REAS the Portion WHEREAS, ort on 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 1
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 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 Portion of the Property. A description of the basis for such restrictions, and the. oil
and/or hazardous material release event(s) 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
1. Activities and; Uses Consistent with Maintaining No Significant Risk. The i
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 Portion of the
Property pursuant to 310 CMR 40,0000:
(i) Use or development of the Portion of the Property for vehicular parking,
vehicular traffic, bicycle path, pedestrian, landscaping, or other activities and
uses which would not allow direct contact with potentially Manufactured Gas
Plant (MGP)-impacted subsurface soil below elevation 106 feet (NAVD88
datum), which is more than fifteen (15) feet below ground surface at the time
this,AUL was recorded;
(ii) Use or development of the Portion of the Property as an industrial,
commercial, retail, hotel, or multi-unit residential property, which would not
allow direct contact with potentially MGP-impacted subsurface soil below
elevation 106 feet (NAVD88 datum), provided an 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'l 0.6 feet (NAVD88 datum), provided that the work is
AUL Forms 390 CMR 40.9099
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;
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(iv) Emergency repair to subsurface utilities at any depth provided that
following utility repair, the excavation is backfilled to original grade with
exca�ated soils within sixty (60)days;
(v) Excavation of soils above elevation 106 feet (NAVD88 datum),provided
that iIn the unexpected event that MGP-impacted soils are encountered, they are i
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.
1
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) -Use or development of the-Portion of the Property as a single family
resi ence; ,
(ii) Use of potentially MGP-impacted soils derived from the Portion of the
Property for the cultivation of fruits and vegetables intended for human
consumption;
(iii) Disturbance, relocation, or removal of potentially MGP-impacted soil
beneath elevation 106 feet (NAVD88) unless 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
Paragraphs 1 (iii)and 3 (iv);and
(iv) Construction of any building on the Portion of the Properly without a
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vapor mitigation measure as defined in Paragraph 3 (i)except as approved by an
AUL Forms 310 CMR 40.9099
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 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:
d
(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. 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;
(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; t
s
(iii) Inspection frequency and associated record-peeping 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 soil gas 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 i
human health. The frequency of these evaluations and LSP Opinions shall be
specified in the design of the vapor mitigation measure;
(N) A Soil Management Plan describing soil management and disposal, if
necessary, and a I-3ealth and Safety Plan must be approved by an LSP and
implemented prior to the commencement of any activity that will disturb the
impacted soil located below elevation 106 feet (NAVD88 datum), which is
more than 15 feet below the existing ground surface at the time this AUL was
recorded; -
(v) Response actions must be conducted in accordance with the Massachusetts
Contingency Plan, 310 CMR 40.0000, should an LSP Opinion rendered '
pursuant to Obligation 3 (iii) conclude that future site uses and activities,
including exposures associated with future building construction, are
inconsistent with maintaining a condition of No Significant Risk;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
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AUL Forms 390 CMR 40.9099
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MGP-
and Safety Plan. The determination as to whether or not soil at the site is impaeted 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 PAHs by chemical
analysis is not,by itself,necessarily a reliable indicator of the presence of MGP-
impacted soil.
a
4. Provo ed 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 ProiJessional who shall render an Opinion, in accordance with 310 CMR
40.1080, ias 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 4
satisfied before any such activity or use is commenced.
5. Violation of a Permanent or Temporary Solution. The activities, uses and/or,
exposures upon which this Notice is based shall not change at any time to cause a
significanit risk of harm to health, safety, public welfare, or the environment or to j
create substantial hazards due to exposure to oil and/or hazardous material without I
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.
f
If the adivities, uses, and/or exposures upon which this Notice is based change i
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 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 s1'a11 be incorporated either in full or by reference. into all future deeds,
easements, mortgages, leases, : licenses, occupancy agreements or any other
r instrumect of transfer, whereby an interest in and/or a right to ase the Property or a
portion thereof is conveyed in accordance with 310 CMR 40.1074(5).
I
AUL Forms 310 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(ies) of Deeds and/or Land Registration Office(s).
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WITNESS the execution hereof under seal this day of SV U`/ ,2019.
City of Northampton
Owner
COMMONWEALTH OF MASSACHUSETTS
k `& ss 2019
On this 17 day of JJ M 4 2019, before me,the undersigned notary public,
personally appeared _2)Avvjd I. A)Qd Lit (name of document siPhiWe—t,
), proved to me
through satisfactory evidence of identification, which were is w'd to be
the person whose name is signed on the preceding or attached document, and acicno ledged 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 (the) --A e-
otary} `
LOUIS
y P�bfRc
coMMorwEALIHOF MASSACHUSETTS
My Commission 6x0185
September 30� 2022
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. a y�H of M4 9
Date:
'4 zj CUFF N^o
0 COLLINS r;
4 No. 63940 v
a�ac! G
t
R.Duff Collins
Licensed Site Professional
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COMMONWEALTH OF MASSACHUSETTS
,ss 4 ,2019
On this ') day 0-101 , 2019, before me, the undersigned notary public, personally
appeared u 8•'� C�a 1 r, b� 1 (name of document signer), roved to me. through
satisfactory evidence of identification,which werertySo1-) ,to be the person
whose name is signed on the preceding or attached document, and aelmowledged 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 foi ,the principal)
(as for , (a) (the) )
(official signature and seal of notary
Upon recording,return t4,
TIMOTHY J. FINN
City of Northampton Notary Public
CCMMQNWMTKOFWSSAO
HUSETTS
c/o Alan Seewald_ My COMMI"lon Expires
City Hall Novemb®r ie, 2422
21.0 Main Street
Northampton,MA,01060
1
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EYMIT A
(Description of Parcels of Land Containing Area Subject to AUL)
Land in the City of Northampton,Hampshire County,Massachusetts owned by the City of
Northampton pursuant to one Order of Taking and one Deed recorded with the Hampshire
County Registry of Deeds in:
• Book 1152,Page 358 (an Order of Taking, identified as"Parcel One"_below);
• Book 2126,Page 310(a Deed, "Parcel Two"below);and,
• Book 13133, age 269(a Discontinuance,"Parcel Three"below).
Current boundaries of Parcels of Land Containing Area Subject to AUL shown on a plan
recorded in the Hampshire County Registry of Deeds in Plan Book 2(6—,Plan and
further described as follows:
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-Parcel One
Beginning at a point at the southwestern corner of said parcel near the intersection of Conz Street
and Old South Street;thence
In the northwesterly direction,along an are of a curve having a radius of Two Hundred Thirty-
Seven.(237)feet a disI6nce of Thirty-Nine and Fifty-Seven Hundredths(39.57)feet to a point;
thence
N. 05°38'02"E. a distance of One Hundred Two and Forty-Four Hundredths(102.44)feet;
thence
Northeasterly, a distance of 290 feet,more or less,along the former northerly bank of the.old
Mill River bed to a point(a concrete bound);thence
S. 36°47' 53"E. a distance of Fifty-Four and Six Hundredths(54.06) feet to a point;thence
S. 56°44'50" W. a distance of Two Hundred Eleven and Twenty-Eight Hundredths(211.28)feet
to a point;thence
S. 59° 54'26"W.a distance of One Hundred Twelve and Eighty-Nine Hundredths(112.89)feet
to a point;thence
S. 591 53'06"W.a distance of Twenty-.Four and Five Hundredths(24..05)feet to a point or place
of beginning.
Parcel Two
Beginning near the intersection of Hampton Avenue and Old South Street;thence
Page 1 of 2
N. 66°27'46"E. along Hampton Avenue a distance of Four Hundred Sixty-One and Forty-Eight
Hundredths(461.48) feet;thence
S. 52° 48'54" E. a distance of Ninety-Seven and Fifty-Seven Hundredths(97.57)feet to a point;
thence
S. 37° 11'06" W.a distance of Forty-Six and Seventy-Five Hundredths(46.75)feet to a point;
thence
S. 15° 02'33" E. a distance of Forty-Nine and Eighty-Five Hundredths(49.85)feet to a point;
thence
S. 74° 57'27" W.a distance of One Hundred Ninety-Two and Forty-Four Hundredths(192.44)
feet to a point;thence
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Southwesterly,a distance of 121 feet,more.or less,along the former northerly bank of the old
Mill River bed to a point(a concrete bound);thence
. I
Southwesterly,a distance of 290 feet,more or less,along the former northerly bank of the old
Mill River bed to a point;thence
N. 05°33'.09" E. a distance of One Hundred Forty-Five and Eighty-Four Hundredths(145.84)
feet;thence
Along an arc of a curve having a radius of Two Hundred Thirty-Seven (237)feet a distance of
Four and Fifty Hundredths(4.50) feet to a point;thence
N. 35° 55' 19"E. a distance of Forty-Seven and Seventy-Six Hundredths(47.76)feet to a point,
thence
N. 77° 35'44"E. a distance of Five and Sixty Hundredths (5.60)feet to a point or place of
beginning.
Parcel Three
Beginning south of the intersection of Hampton Avenue and Old South Street;thence
S. 05'.33'09"W. a distance of One Hundred Forty-Five and Eighty Four Hundredths(145.84)
f6et to a point;thence
S. 050 38'02" W.a distance of One Hundred Two and Forty-Four Hundredths(1.02.44)feet;
thence
Along an-arc of a curve having a radius of Two Hundred Thirty-Seven(237)feet a distance of
Two Hundred Sixty-One and Thirty-One Hundredths (261.31) feet to a point or place of
beginning.
Page'2 of 2
FXIIIBIT A-1
(Description of Area Subject to AUL)
That certain portion of a parcel of land in Northampton,Hampshire County,Massachusetts �
located on the Easterly side of Old South Street,and being shown as the"AUL Areas A-1,A-2,'
and A-3"on a plan recorded with the Hampshire County Registry of Deeds in Plan Book
Page said portion of a parcel of land being bounded and described as follows:
Parcel One(AUL Area A-2)
Beginning at a point at the southwestern corner of said parcel near the intersection of Conz Street
and Old South Street;thence
In the northwesterly direction, along an are of a curve having a radius of Two Hundred Thirty-
Seven(237)feet a distance of Thirty-Nine and Fifty-Seven Hundredths(39.57)feet to a point;
thence
N. 05°38'02"E.a distance*of One Hundred Two and Forty-Four Hundredths(102.44)feet;
thence
Northeasterly, a distance of 275 feet,more or less, along the former northerly bank of the old
Mill River bed to a point(a concrete bound);thence
S. 48°49'42"E.a distance of Fifty-Three and Fourteen IIundredths(53.14)feet to a point;
thence I\
S. 56°44' 50"W.a distance of Two Hundred Seven and Thirty-Six Hundredths(207.36)feet to a
point;thence
S. 591 54'26" W. a distance of One Hundred Twelve and Eighty-Nine Hundredths(112.89)feet .
to a point;thence
S.59° 53'06" W. a distance of Twenty-Four and Five Hundredths(24.05)feet to a point or place
of beginning.
Parcel Two(AUL Area A-1.)
Beginning near the intersection of Hampton Avenue and Old South Street;thence
N. 661 27'46" E. along Hampton Avenue a distance of Four Hundred Sixty-One and Forty-Eight
Hundredths (461.48)feet;thence
S. 520 48'54"E. a distance of Ninety-Seven and Fifty-Seven Hundredths(97.57)feet to a point;
thence
Page 1 of 2
S.37° 11'06" W. a distance of Forty-Six and Seventy-Five Hundredths(46.75)feet to a point;
thence
1
S. 15° 02'33"E. a distance of Forty-Nine and Eighty-Five Hundredths (49.85)feet to a point;
thence
I
S. 73° 01' 51" W.ad istance of Three Hundred Twenty-Six and Forty-Eight Hundredths(326.48)
feet to a point; thence
S. 300 09'2011 E. a distance of Seventy-Six and Sixty-Seven Hundredths(76:67)feet to a point;
thence i
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Southwesterly,a distance of 275 feet, more or less,along the former northerly bank of the old
Mill River bed.to a point;thence
N.'05' 33' 09"E. a distance-of One Hundred Forty-Five and Eighty-Four Hundredths (145.84)
feet;thence !
Along an are of a curve having a radius of Two Hundred Thirty-Seven(237)feet a distance of
Four and Fifty Hundredths(4.50)feet to a point;thence
N. 35° 55' 19"E.a distance of Forty-Seven and Seventy-Six Hundredths(47.76) feet to a point;
thence
N. 77135'44"E. a distance of Five and Sixty Hundredths (5;60)feet to a point or place of
beginning,
Parcel Three'(AUL Area A-31
Beginning south of t ll,
e intersection of Hampton Avenue and Old South Street;thence
.S. 05 33 09 W. a distance of One Hundred Forty-Five and Eighty Four-Hundredths(145.84)
feet to a point; thence)
S. 05"38'02"W. a distance of One Hundred Two and Forty-Four Hundredths(102.44)feet;
thence
Along an arc of a curve having a radius of Two Hundred Thirty-Seven(237)feet a distance of
Two Hundred Sixty-One and Thirty-One Hundredths (261.31)feet to a point or place of
beginning.
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Page 2 of 2
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S FORMER NORTHAMPTON GAS WORKS � 660Wi�h nglonSlnN,SuAe 32sV
w NORTHAMPTON. MASSACHUSETTS EXHIBIT B s Deemm�wasunu:atsaross
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J $ d DEscN DY: ALE MECMM, ALE WOODqRD COM MENT 6 WORRY DRAEREB6L16
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EXHIBIT C
ACTIVITY AND USE LIMITATION OPINION
Old South Street and Hampton Avenue Parlung Lots,Northampton,Massachusetts
j DEP Site#1-1.4222
'The land subject to This AUL(the"Portion of the Property")is situated east of the former location
of the Northampton Gas Light Company Manufactured.Gas Plant (MGP), which is described
further below.MGPIresiduals attributable to the release identified by theMassachusetts Department
of Environmental Protection(MassDEP)as Release Tracking Number(RTN) 1-14222 have been
identified within groundwater and subsurface soils beneath the Property and are included within
the Disposal Site Boundary. Soil assessment on the Property included collection and visual
evaluation of shallow soil (0 to 10 feet below ground surface), and limited chemical
characterization of shallow soil because MGP residuals were not present above the water table and
MGP operations did not occur on the Property. The shallow soils consist of urban fill materials.
I
The Disposal Site extends laterally across the Property as shown on Exhibit B.The vertical.extent
of the Disposal Site extends from the top of water table to the vertical downward extent of MGP ±'
impacted soil and/r groundwater,typically at the depth(20 to 35 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 via groundwater migration or oil-
like material migrating on top of the underlying clay, an impermeable boundary. Urban fill is
commonly present in the unsaturated zone in areas outside the former MGP operations.
The Portion of the Property on which this AUL is being implemented is currently utilized as an
asphalt-paved municipal parking lot.The Property was formerly occupied by the New York,New
Haven and Hartford Railroad tracks and by the Mill River. The railroad tracks, .originally
constructed in the early 1850's,ran east-west through the northern portion of the property.The Mill
River was formerly(located directly south of the railroad tracks.The river,which flowed from west
to east,was diverted in 1940 for flood protection purposes,and its former channel was filled.The
former river channel was approximately 30 feet in width.
Site History
The Northampton Gas Light 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 formerly
present north ofthe Property were demolished in 1962.The MGP property and remaining structures
were donated to the City in 1973.
I
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 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
Page 1 of 3
properties south and east of the MGP.Some MGP constituents have dissolved in groundwater and
have migrated advectively with the natural groundwater flow.
Following Phase II assessment activities,remediation activities were primarily conducted on the
land west of the Property(the northern portion of the Roundhouse Parking.Lot)including:
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• 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
the marker layer was completed in this area.
• Excavation and off-site disposal of soil, bricks, and coal tar residuals present within the
former gas holders,tar wells; a far 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 afthe remediation activities,a Phase IV Remedy Inspection and Completion
Report and`Class C Response Action Outcome(RAO)Statement were completed.The.Substantial
Hazard 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 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 20.14, 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 AU.Ls 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 Property. Specifically,this AUL
will prevent exposures of certain receptors(i.e.trespassers,future facility workers,utility workers,
future construction workers,and future residents)to MGP residuals in the subsurface.-A Method 3
risk characterization was completed to evaluate potential risks associated with the MGP-related
compounds in the subsurface soil and groundwater. 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. I4owever,
Page 2 of 3
I
I
results of the.risk characterization indicate a condition of No Significant Risk of harm to human
health,public welfare and the environment does not exist at the Site under reasonably foreseeable
future conditions tri the absence of an AUL.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 106 feet '
(NAVD88 datum),br greater than 15 feet below the current ground surface.
I
Page 3 of 3
City of Northampton
KASSACHUSETT8
In City Counei4, July 10,2014
1�7on the recommendatlio37 of Mayor David J. lVarkewlez
if
Ordered,that
WHEREAS, the City Id-s title to certain properties identified on FY 2014 Assessors Maps as
the Northern Portion of the Roundhouse Parking Lot(Assessors Map 31D,Parcel
167),thel Southern Portion of the Roundhouse Parking Lot(Assessors Map 31D,
Parcel 216),the Old South Street Parking Lot(Assessors Map 31D,Parcel 237)a
portion 6 1 f which includes the former Mill River Channel,the Hampton Avenue
Parking Lot(Assessors Map 32C,Parcel 345)a portion of which iiidludes the
former Mill River Champ] and the Mill River Channel East of the Hampton
Avenue Parking Lot(Assessors Map-32C,Parc,61 348) ("the City Properties"),and
WHERE Ag; Iftow ap�roxitnat.ely 1851 through 1951,Northampton G-as Works operated a
imintjfactured gas plant at the property Imown as the Roundhouse Property,and
WHE,RBAS, each of the City Properties abuts or is in the vicinity of the former location of[be
iiianufaciared gas plant operated by Northampton Gas Works,and
WHEREAS, Cotimbi a Gas of Ma§sao4usetts is the corporate successor to the former
Northm-apton Gas Works,and
WI-JEREAS, the City�is the-plaintiff in certain litigation pending in the Hampshire Superior
Court with regard to the-contanAnation of the City Properties with hazardous
materials as a result of the operation of the former manufactured gas plant
operated by Northafnpton Clas Worlo,and
WHEREAS, the QLY and Columbia Ow have negotiated a settlement with regard to the
litigation,ri,WI-dch settlement will be,effiective upon the execution and recording of
certain Notices of Activity and Use Limitation Li accordance with Mass, Gen.
Laws o.1 21F,36 and regulations promulgated by the Massachusetts Department of
Environmental Prot-Wilon,withtegard to the City Properties,and
VIHEREAS, the exa�t boundarias of the City Properties to be subject to the Notices of Activity
and Use Limim-ion will be determined by surveys to be.conducted prior to
executing and recording of the Notices,
i
I
NOW,TI-IEREFORE,BE IT ORDERED
That the City Council authorizes the Mayor to execute and cause to be recorded with the
Hampshire Registly of Deeds seven(7)Notices of Activity and Use Limitation,subject to the 8
terms and conditions as determined by the Mayor,with xegard to each of the City Properties set
forth above,the precise boundaries of which shall be determined by survey, as follows:
I. Northerii Portion of the Roundhouse Parking Lot(2014 Assessors Map 31D,Parcel 167);
I
2. Southern Portion of the Roundhouse Parking Lot(2014 Assessors Map 31D,Parcel 246);
3, told South Street Parking Lot(2014 Assessors Map 3ID,Parcel 237)not within the
former Mill River Channel; f
4. Old South Street parking Lot(2014 Assessors Map 311),Parcel 237)within-the former
Mill River Channel
I
5. Hampton Avenue Parking Lot(2014 Assessors Map 32C,Parcel 345)not within the
former Mill River Channel;
6. Hampton Avenue Parking Lot(2014 Assessors Map 32C,Parcel 345)within the former
Mill River Channel; and
7. Mill River Channel East of the Hampton Avenue Parldng Lot(2014 Assessors Map 32C,
-parcel 348,
In City Cbuncll,July 10,2014
Passed F R ding,on Poll Cal?Vote of 9 Yes,0 Nb
Attest: Clerk of Council
In Qity Coitncll,Aug.14,2014
f?' d seta te of x'oli Call Vote f.9 Yes,O Ho
Atter ,..✓'Clerk of Council
Approved: Davtd.J.Narkewicz,Mayor
Rules suspended,passed two readings and enrolled.
I hereby certify that the above Order passed the Noithampton City Coundl ori Aug,14,2014 �
D9v •l,Narkewi May r a�proved the Order on Aug.15,2014
J I
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