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Mill River Channel 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 j www.woodardcurran.com F 781.251.0847 I Via Regular US'Mail August 12,2019 ,111. Merridith 0 Leary, RS, Director of Public Health ` Board of Health! INOODARD Puchalski Municipal Building &CURRAN. 212 Main Street - Northampton, MA 01060 Subject: Public Notification Requirement Notice of Activity and Use Limitation Former Northampton Gas Works Former Mill River Channel , Northampton, MA MassDEP Release Tracking Number: 1-14222 j 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 July 25, 2019, a Notice of Activity and Use Limitation (AUL).was recorded at the Hampshire County Registry of Deeds Book 13333, Page 1, for the Former Mill River Channel located west of Kingsley Avenue and.Michelman 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 anyquestions,please contact me at(781)613-0270. Sincerely, . WOODARD&CURRAN i �O i R. Duff Collins, P.G., LSP Executive Vice'President Enclosure: Copy of recorded Notice of AUL(Book 13333, Page 1) cc: MassDEP.Western Regional Office PN: 206096 i i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . - . . . . . . . . . ... . . . . . . . . . . . . AUL Forms 310 CMR 40.1099 I Illlflllllllllllllll�Illl IIIIIit111ILII •. - Iltllllllllllllllllllllill ' Bk:13333Pg: 1 Page: 1 of 22 Recorded: 07/25/2019 11:20 AM I I i I ' a 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 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. NOTICE OF ACTIVITY AND USE LIMITATION j M.G.L. c.21E, § 6 and 310 CMR 40.0000 Disposal Site Name:Former Northampton Gas Works DEP Release Tracking No.(s): 1-14222 This Nonce of Activity and Use Limitation ("Notice") is made as of,this /k'day of ,2019,by the City of Northampton,having an address at City Hall,210 Main Street, N rthampton., MA, 01060, together .with its successors and assigns. (collectively "Owner"). WITNESSETH: 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 thereon, pursuant to a deed and two orders of taking recorded with the Hampshire County Registry of Deeds in Book 1152,Page 358, Book 2126,Page 310, and Book 12821,Page 56. WHEREAS, said parcel(s) of land, which is more particularly .bounded and described in Cxbibit A, attached hereto 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 Book,Plan d y s 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,Plane; 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 ' 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/ox s 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 i 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 i 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 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 of the Portion of the Property for storm water management or other activities and uses which would not allow direct contact with potentially Manufactured 'Gas Plant (MGP)-impacted subsurface soil located below elevation 105 feet (NAVD88 datum), which is more than three (3) feet below j ground surface and the stream bed channel bottom at the time this AUL was recorded; (ii) Excavation and/or removal of potentially MGP- mpacted, subsurface soils present below elevation 105 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 (i) 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 AUL Forms 310 CMR 40.1099 deemed suitable by an LSP within sixty (60) days or an alternative time period approved in writing by an LSP; (iii) ;Emergency repair to subsurface utilities at any depth provided that i following utility repair, the excavation is backfilled to original grade with excavated soils within sixty(60)days; (iv) 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 (ii); (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 e (vii) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with maintaining No Significant Risk Conditions. 2. Activities and Uses Inconsistent with Maintaining No Significant Risk. 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 beneath elevation 105 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 (ii)and 3 (i); I (ii) i Construction and/or use"of buildings designed for human occupancy on the Portion of the Property unless an LSP renders an opinion which states that such use is consistent with maintaining a condition of No Significant Risk;and (iii) Use of potentially MGP-impacted soils derived from the Portion of the Proprty for the cultivation of fruits and vegetables intended for human consumption. 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 td maintain a Permanent Solution and a condition ofNo Significant Risk: (i) I 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 I AUL Farms 310 CMR 40.1099 implemented prior to the commencement of any activity that will disturb the r impacted soil located below elevation 105 feet(NAVD88 datum); (ii) Any MGP-impacted soil encountered during work on the Portion of. 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- u1 the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Permanent Solution. 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 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 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 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 in accordance with 310 CMR 40.1074(5). . • I I . 1 AUL Forms 1390 CMR 40.1099 I � 1 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). " I WITNESS the execution hereof under seal this Y1 day of 1TVt`'r ,2019. r City of Northampton Owner , I COMMONWEALTH OF MASSACHUSETTS I LW k& r4 ,ss QU IV 19 2019 On this IQ' day of 111 , 2019, before me, the undersigned notary public, personally appeared ��t d i. �i1 k e cvr t?, . (name of document signer), proved to me through satisfactory evidence iof identification,which were 16 ,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 of.fet' {a) (the) ,. ` official signature and seal of notary) 1 LOUIS S. MOORE Notary Public COMMONWEALTH OF MASSAGHUSE116 My Cornmisslon Expires Seplembel 30, 2022 I I - I - 1 . I ' AUL Fornis 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. AAAA Date:. INA 0FAggs��� qc R. �rG`r a DUFF COLLINS No. 63'140 v t R.Duff Collins Licensed Site Professional COMMONWEALTH OF MASSACHUSETTS E AJ 0 V-PO K , ss 2019 On this 7 day of 1 �� 2019, before me, the undersigned notary public, personally appeared et, C-o (1 (name of document signer), proved to me through satisfactory evidence of identification, which were_��,�p mak/ 1����(a2to 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) V 1 . .,a.►.� -aw {official signature and seal of notary) Upon recording,return to: City of Northampton c/o Alan Seewald City Hall . MY j, ¢iNN, 210 Main,Street Note.q.Public comm w"Iro OF MASSACHUSETTS Northampton,MA, 01060 my Goffiiilsslon Explros �oVarnbsr 18, 2022 UUITBIT 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 two Orders of Taking and one Deed recorded with the IIampshire f County Registry of Deeds in: f • Book 1152,Page 358 (an Order of Taking, identified as"Parcel One"below); • Book 2126,Page 310(a Deed, "Parcel Two"below); and j • Book 12821,Page 56(an Order of Taking, "Parcel Three"below). i 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,Plante'Z and further described as follows: 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 arc 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 290 feet,more or less, along the former northerly bank of the old Mill River bed to a point(a concrete bound);thence S. 360 4753"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. 59° 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 3 N. 660 2746"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 i 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 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 f Southwesterly,a dista ce 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 i � N. 35° 55' 19"E. a distance of Forty-Seven and Seventy-Six Hundredths(47.76)feet tola point; J thence N.77°35'44"E. a distance of Five and Sixty Hundredths (5.60)feet to a point or place of beginning. I Parcel Three An irregular shaped parcel located east of Old South Street about three hundred seventy five (375)feet northeast of the intersection of Conz Street and Old South Street,beginning at a concrete bound,with escutcheon pin in lead, said boundlies at the northwest corner of the parcel to be described,running thence S. 36°47'53"E. a distance of Thirty-Nine and Sixy-Nine Hundredths(39:69)feet to a point; thence i N. 53°05'59"E. a distance of Thirty-Seven.and Fifty-Two Hundredths(37.52)feet to a point; thence Page 2 of 3 i N. 51°42'29"E.a distance of Ninety-Five and Eighty-One Hundredths(95.81)feet to a point; thence N.51°29'48" W.a distance of Sixty-Two and Sixteen Hundredths(62.16)feet to a point;thence Southwesterly a distance of 121 feet,more or less,along the former northerly bank of the old Mill River bed to the point of beginning. �gg 9 I i - f i I I Page 3 of 3 EX)FIIBIT A-I (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 B-1,B-2, and B-3" on.a plan recorded with the Hampshire County Registry of Deeds in Plan Book�c� Page,-' ,said portion of a parcel of land being bounded and described as follows: Parcel One(AUL Area B-2) Beginning at a concrete bound-with escutcheon pin in lead, said bound lies at the northeast corner of the parcel,running thence S. 36 47' 53"E.a distance of Fifty-Four and Six Hundredths(54.06)feet to a point;thence S. 566 44' 50'" W. a distance of Three and Ninety-Two Hundredths(3.92)feet to a point;thence N.48°49'42" W. a distance of Fifty-Three and Fourteen Hundredths(53.14)feet to a point; thence i i Northeasterly a distance of 15 feet,more or less, along the former northerly bank of the old Mill River bed to the point of beginning. i Parcel Two(AUL Area B-1) i Beginning at the northeast corner adjacent to the Manhan Rail Trail;thence S. I S°02'33" E. a distance of Twelve and Eighty-One Hundredths(12.81)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 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 Southwesterly a distance of 15 feet,more or less,along the former northerly bank of the old Mill River bed to the point;thence. N. 30°09' 20" W.a distance of Seventy-Six and Sixty-Seven Hundredths(76.67)feet to a point; thence N.73° 01'SI"E. a distance of Three Hundred Twenty-Six and Forty-Eight IIundredths(326.48) feet to the point of beginning. Page 1 of 2 i I I i Parcel Three(AUL Area B-31 i Beginning at a concrete bound with escutcheon pin in lead, said bound lies at the northwest corner of the parcel t6be described,running thence S. 360 47' 53"E.a distance of Thirty-Nine and Sixy-Nine Hundredths(39.69)feet to a point; thence N. 53 05'59" E.a distance of Thirty-Seven and Fifty-Two Hundredths(37.52)feet to a point; i thence I N.51°42'29"E. a distance of Ninety-Five and Eighty-One Hundredths(95.81)feet to a point; thence j E N.51°29'48" W.a distance of Sixty-Two and Sixteen Hundredths(62.16)feet to a point;thence Southwesterly a distance of 121 feet,more or less,along the former northerly bank of the old f Mill River bed to the point of beginning. I I I Page 2 of 2 EXHIBIT B , f R A S 11 i " I t 1 o 1 .D It -r— , ton — � 4 I 1 m rt, I o o o � m a � \ \ X t ?, 0 \ s rn W d GAS F N FORMER NORTHAMPTON,MASET SACHUSTS S EXHIBIT B 9BDWaahhgcn6lrem,StlRB7T5B DedAam,6Aaaafivatl1s07A16 a: ED0.448.550 wru.Mno d..mn.cnm bDES LD BY: ALE -"ECNED BY: ALE 06® CDRRRB@IMUNGARYDWERESULTS DRAWN BYi Y. 51TES RRDUNDIN g' &CURRAN EXHIBIT C d {t I I t i I , a , i E MIT C I ACTIVITY AND USE LEVHTATION OPINION Former Mill River Channel,Northampton,Massachusetts DEP Site#1-14222 I i The land subject to this AUL(the"Portion of the Property")is situated east of the former location i of the Northampton. Gas Light Company Manufactured Gas.Plant (MGP), which is described further below.MGP'res1duals attributable to the release identified by the Massachusetts Department j of Environmental Protection(MassDEP) as Release Tracking Number(RTN) 1-14222 have been identified within groundwater and subsurface soils beneath the Properly and.are included within the Disposal Site Boundary. The Portion of the Property on which this AUL is being implemented is the former Mill River Channel and is cturently utilized as a storm water discharge and a perennial stream channel. Soil assessment on the Portion of the Property included collection and visual evaluation of soil(0 to 10 i feet below ground surface).MGP operations did not occur on the Portion of the Property. c The Disposal Site extends laterally across the Property as shown on Exhibit B.Specifically,MGP residuals are present below surface water,shallow sediment,and subsurface soil at a depth greater than 3 feet below ground surface beneath the Portion of the Property. The vertical extent of the Disposal Site extends from 3 feet below ground surface downward to the top of the clay surface (about 10 feet below ground 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 l roperty on which this AUL is being implemented is south of the former New York,New Haven and Hartford Railroad tracks and the current Manhan Rail Trail.The Mill River was formerly located directly south of the railroad tracks. The river,which flowed from west to east,was diverted ir'1940 for flood protection purposes. Storm water from streets and parking lots north and west of the Portion of the Property discharges into the channel on the Portion of the Property via two outfalls at the west and northwest edge of the bhannel. 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 west of the Property 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 11 Comprehensive Site Assessment resulted in a detailed conceptual site model for the Disposal Site:Some MGA-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 throughZe 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 I . Page 1 of 3 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. 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; • 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. r r • Excavation and off-site 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 i 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)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 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 Property. Specifically, this AUL will prevent exposures of certain receptors(i.e.trespassers,utility workers,and future construction workers)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. However, the risk Page 2 of 3 I � characterization indicates 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 in 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 105 feet (NAVD88 datum),or greater than 3 feet below the current ground surface and stream bed channel bottom. Because of the pres�nce of a perennial stream within the channel,the reasonable future use of this property is a stream)bed and for storm-water discharge.Therefore,this AUL does not specifically consider other potential future property uses. 1 - I ' I Page 3 of 3 i City of Northampton MASSACHUSE TTS Ia In City Council, July 10, 2014 Q7on the recommendad n qfMayar David J Xarkewicz Ordered, that WIMEAS, the City holds title to certain properties identified on FY 2014 Assessors Maps as the No ern Portion of the Roundhouse Parkiag Lot(Assessors Map 311),Parcel 167),the Southern Portion of the Roundhouse Parking Lot(Assessors Map 31D, Parcel 24 6),the Old South Street Parking Lot(Assessors Map 31n,Parcel 237) a portion o I f which includes the former Mill River Channel,the Hampton Avenue Parking Lot(Assessors Map 32C,Parcel 345)a portion of which includes the fbma�'f iq lI River Channel and the.Mill River Channel East of the Hampton Avenue Parking Lot(Assessors Map 32C,Parcel 348) ('Ihe City Properties"),and WHEREAS, from approximately 1851 through 1951,Northampton Gas Works operated.a nmmufactured gas plant at the property known as the Roundhouse Property,and or is in the vicinity of the f6rmer loon-don oftho WHFREAS, each of the City Properties ab I rflanufactured gas plant operated by Northampton Gas Works, and VVBERE'AS, Coknnbi�g Gas of Massachusetts is,the corporate successor to the, former Northampton Gas Works,and WHEREAS, the City!is the-plaintiff in certain litigation pending in the Hampshire Superior Court with regard to the contamination of the City Properties with hazardous amteria6 as a residt of the operation of the former manufactured-gas plant operate b No - a1hp-ton Gas Works,and WHEREAS, the City and Coltunbia Gas have negotiated a settlement with regard to the litigation-which settlement will be effective-upon the execution and recording of certain Notices of Aotivify and Use Limitation in accordance with buss. Gen. Laws c,121 F-, §6 and regulations promulgated by the Massachusetts Department of Environruental ProWIcUon,with regard to the City Properties,and WHEREAS, the exact boundaries of The City Properties to be subject to the Notices of Activity and Use Lir6arion will be determined by surveys to be conducted prior to executing and recording of the Notices, i f i NOW, THEREFORE-,BE IT ORDERED That the City Council authorizes the Mayor to execute and cause to be recorded with the Hampshire Registry of Deeds seven(7)Notices of Actility and Tose Limitation,subject to.the teras-and conditions as determined by the Mayor,with regard to each of the City Properties set forth above,the precise,boundaries of which shalt be determined by survey, as follows; 1. Northern Portion of the Roundhouse Parking Lot(2014 Assessors Map 31D,Parcel 167).; 2. Southern Portion of the Roundhouse Parking Lot(2014 Assessors Map 31D,Parcel 246); j 3. Old South Street Parking Lot(2014 Assessors Map 31D,Parcel 237)not within the j former Mill River Channel; I 4, Old South Street Parking Lot(2014 Assessors Map 31D,Parcel 237)within the former ' Mill River Chamlel 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,Parking Lot(2014 Assessors Map 32C, Parcel 348. In City Council,July 16,2014 Patsed FI t .ding,,,on Roll call vote of 9 yes,0 No Attest:. ��—^'� Clerk of Council f 1n City Council,Aug.14,U14 P d Seco t d of Roll C:dl Vote tff.4 Y'ei40 N4 Attott,--jaA,4. Clerk of Council Approved: DavIdJ.Narkewicz,Mayor Rules suspended,passed two rdadings and enrolled. 1 hereby certify that the about:Order passed the Northampton City Council on Aug.14,2094 Davi J.Narkawie)May,r a proved the order on A'ug.15,2U14 Atter ,Clerk of Council. MARY mmat5Q 6. N6 f&• 28 7 all? IN WAX � g MINOR H 8 $ x GO ]2C-083 UP 1'IPF HAMPTON/HOUSING H r l/ MSOCNTES UMRED Q±I. / PARI NERSWP DEED:3202-291 .O7i RESERVED FOR REGSTERS USE ONLY 0, ]2C-062 .v J1 7 W SW�90 L HNdPIDN/HOUSNG µ • ADSOCIATES PARTNERSHPRED d0�e DEED]2]0-54 N b fn+SB 1. FIELD SURVEY BY EOM TOTAL STATION N JULY 2014. j W/GBFEPIL Av� ®N6g1T A8 1 �': F, 4� L WELD FREQUENCY OPS SUR RIZONTAL DAMM IS X83 AND IS BARD ON A {5F!y °� 11 ]2C-J33 RESULT OF SURFACE"DENCE ATIONS OF U"UFES SOLOCATED ATEDEBY FE LpAll THE E' EPIC ® A 4 t '�® {y UP B O y C Cl NtiftiHMPTON SURVEY,PLANS OF RECORD- D ER AVNIABIE -C / 'L 'a SOURCES.THIS PLAN DOES NECESSARILY DEPICT THE _. .w y •y. {. B ., ® D.2582-21J EXACT LOCATION OF UTU D MAY NOT SHOW a ALL OF ME UTIUTEs ANIGH EXIST W1TIIN THE PRECISE � SURVEYED.CONTACT DG-SAFE AT 1-813-3-7— j iC, I BEFORE EXCAVATON. Ti cL _ t 4 ALL EASEMENTS OF RECORD ARE NOT SHOWN 1 N —SWE (��SJpIT .Brt PPRMNO 9 1 \x \l. `�.• ARE B-I N p W WC 82 P A t yv ��\ �.X•T..: 31b 8 .. 'YI 192A4' AREA.1—sF J R-23J.W' O AREA 853231 SF O h\E �A•5l'17/ i NF Q Q l 1 S I N]So UP A' W O CHD-N3T4259'E t/ v S ® f };:1 N F Z CHD L-a.so' 0 94• ` 32C345 - IDT M p'A i[>N�LT ,tg ICON. IN 114 uCME ZW O a Q yyy� 4 ¢ NS j MASTER DEED:2911-1 O 2 O I4a�' UP 19 .�iv.• •:d] LEGEND 3� ry+g I APPRO NnTE IOCATON y: NORMFRLY BANK OF /1 AIIL PIRG 4 B-3 F ® CALCULATED PONT ' U a 5 / OLD GBF GRANITE BOUND M LL RNEIi BED J MFA.B�BBB.I.SF.. U Ax+ 9xM 020 b� .0 CONC. CONCRETEOo MONUMENT FOUND U U BIT. 81TUMINWS CONCREIE E ELECTRC V I y OF ' \ :. ,4/ry0 PARKING PAT STATIONGAS U v~ t ; i \ LBF '. S5 A PG Q LIGHT POST SSEWFA Q WA+ O r'' F➢IL' 3'UP d UTILITY POLE V, NATER L AUL PAREL B-2 GUY VCFE 0 MANHOLE C SIGN POST • OM/NATER GATE/ pM - Ki � y`T] '•d• MFA 504}SF I y S .'_ _ '* ✓ O BDUARD/POST d HYDRANT ED ." GR GRASS ® CATCH BASIN Q L-261 31• ® o s IPF SUMMARY OF AUL cxD=rvps3s 10•E UP 4' PARCELS �r DECIDUOUS TREE TRAFFIC CONTROL BOX � GO Z Z /�'q 32C-70 ONF ORAL U O CHD L-2182]' 21S/E. ''i h6 B 3.92' N/F C EROUS TREE N0.GE WLVEPT O Z 3 F U U Z MARK A SAYRE AVL n-t MONITOR NG WELL N 0' 2Y] cR.tss OECD:PG1125)-90 A PORTON OF 32C-345 > Li O S+ PFROPERTY UNE,LOCUS 5314+ 241-11 "IF 4 O Q UP T GUY OF NORTNMPTON PROPERTY UNE.ABUTTER O w UP I 'moi f +' - ', DEED:2126-J10 ALUMINUM FENC NG N O NO/ Ilfll .. POST h RAIL FENCE A PORTION 0 3ID 237 OVERHEAD-ES 4 Flron 10uT0y. • hhti ♦ N Q .TSF' IPF CITY OF NO/FRTHAM%-3 \ s UP i' ON 58 RRL PARCEL SF J Qy- t 23,801 G.F. APARBOL A-$` T STOGY /" RUI. BUILDING / l �j•. i W/F BDING _.IPG_ CITY OF NOflTH4MRON G �. FLUSH —PEIIIIO EE,PIM'.174�193�269— g HEREBY CERTIFY TO THE BEST OF MY PROFESSIONAL "1( 5914 SF.} KNOWLEDGE.INFORMATON AND BELIEF M-.. _.U] 31D 237 A PORIIO6ULj SC-J45 THE PROPERTY LINES SHOYM ON THIS PLAN'ME ME `F W 4d N/F UNES DING EXISTING DVMERSHPS.AND E LINES W O 1 IPF CITY OF NORTIUNPTON F EETS AND NAYS SHOWN ARE MOO OF PUBUC O L� OECD 2126-310 OR PR VATE SIREETS OR WAYS ALREADY E5TML-E0, (Jy/ pp 55 2fi`N ♦ 1 32C-067 DGYM J' ,784 SF.} AND MAY NO NEW LINES FOR THE DNSIW OF - EXSTNC OMERSHP OR FOR NEVI WAIS ARE SHOWN: Q W." O 5595302'W MM EAOOD DEED;4454P69 WC. A PORTIOANO 310 1J] THIS PIAN HAS BEEN PRERMf1]IN CONFORMITY WiTN STERS OF O X—:- ^ ' DEED:9155-�31 N/F w I v�ssRSTORY IPF CITY OF NOFFHAUPTON DEEDS IN UOF THE COMMONWEALTH OF MASSLES AND REGULATIONS OF ME AGNI. FTS ,Fjy s u W/F BUILDING DOWN 8' TAKING IP IN GEED: 152.758 r3 504 S.G.} R-2 7.00' .ulxu]S '.::W�FPh `• � I ` CND-N30'4)'ODY] WN N" �. ALL OeF J2 C1348 ! CHD L=3952' CITY y� N/F 52 CTIY�O NORTHNAPLON IN�] 1' ORDER PUN 241 021-56 ✓2� lam'" - 6.688 SF.} S 8 0. 30' G. ej 3D' 60' l� /4]i60 � C, - 1NO` 1-