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13-045 anitilrA 240 Barber Avenue, Suite 6 ATC Worcester, MA 01606 Telephone 508-926-1315 Fax 508-926-1334 -AN ATLAS COMPANY- www.atcgroupservices.com May 17, 2021 ATC Project#0300000047 Town of Northampton David J. Narkewicz 210 Main Street Room 12 Northampton, Massachusetts 01060 RE: Notice of Activity and Use Limitation MassDEP RTN: 1-0973 and 1-16492 Massachusetts State Police Barracks 555 North King Street t�3+Gy;� Northampton, Massachusetts J To whom it may concern: This letter has been prepared in accordance with the Massachusetts Contingency Plan (MCP), § 310 CMR 40.1403(7)(a), as administered by the Massachusetts Department of Environmental Protection (MassDEP),to notify the Northampton Chief Municipal Officer, Board of Health,Zoning Official, and Building Code Enforcement Official of the recording of a Notice of Activity and Use Limitation (AUL). On behalf of the Massachusetts State Police (MSP), on May 11, 2021,ATC Group Services, LLC (ATC) recorded the AUL at the Hampshire District Registry of Deeds, pursuant to 310 CMR 40.1070 through 40.1080, for the above referenced property("the Site"). The AUL specifies the limitations which apply to activities and/or uses of the portion of the property which is subject to the AUL. A copy of the recorded AUL is provided as an attachment to this letter. Once submitted (expected prior to June 30, 2021), the Permanent Solution with Conditions Statement for MassDEP Release Tracking Number(RTN) 1-0973 (including RTN: 1-16492)will available for on-line review at the Western Regional Office of the MassDEP located at 436 Dwight Street, Springfield, Massachusetts or online at: https://eeaonline.eea.state.ma.us/EEA/fileviewer/Rtn.aspx?rtn=1-0000973. Should you have any questions regarding this information, please contact Mr. Paul Hession at the MSP at(508) 820- 2650 or either of the undersigned. Sincerely, ATC GROUP SERVICES, LLC I6,Cra.A. Sec I/ Aaron Kaczowka Charles E. Klingler, LSP Project Manager Worcester Branch Manager Cc: Northampton Health Department, 212 Main Street#101, Northampton, MA 01060; Northampton Planning Board, 210 Main Street, Room 11, City Hall, Northampton, MA 01060; Northampton Building Department,212 Main Street, Northampton, MA 01060; Paul Hession, PE, Director of Facilities, Massachusetts State Police, 470 Worcester Road, Framingham, MA 01702 MSP, MassDEP WERO ATTACHMENT: Attachment I Notice of Activity and Use Limitation Form 1075 U I 11 2021 00011274 Bk: 14094Pg: 124 Page: 1 of 17 Recorded: 05/11/2021 01:15 PM 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 M.G.L. c. 21E §6 and 310 CMR 40.0000 Disposal Site Name: Mass State Police Barracks, 555 North King Street,Northampton, MA 01060 DEP Release Tracking No.(s): 1-0000973 (and linked RTN's 1-0013490, 1-0013661 & 1-0016492) This Notice of Activity and Use Limitation ("Notice") is made as of this 304day of April 2021, by The Commonwealth of Massachusetts, Department of State Police, 470 Worcester Road,Framingham,Massachusetts together with his/her/its/their successors and assigns (collectively"Owner"). WITNESSETH: WHEREAS, the Commonwealth of Massachusetts, 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 District Registry of Deeds in 1). Book 866, Page 83; 2). Book 869, Page 467; and, 3). Book 988, Page 415; WHEREAS, said parcel(s) of land, which is more particularly bounded and described in Exhibit A, attached hereto and 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 District Registry of Deeds in Plan Book 248,Page 63. 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 • Form 1075: continued 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 District Registry of Deeds in Plan Book 248,Page 63, 01/04/2021; WHEREAS,the Portion of the Property comprises all 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 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 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,THERFORE,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 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 Portion of the Property pursuant to 310 CMR 40.0000: i.) Commercial,industrial and residential use of the Portion of the Property and activities consistent therewith, including landscaping and surface maintenance that does not result in direct contact with, disturbance of, and/or relocation of, soils more than eight (8) feet below grade located within the Portion of the Property; ii.) Vehicular and pedestrian traffic, vehicular parking, and other non- intrusive activities which do not cause and/or result in direct contact with, disturbance of, and/or relocation of, soils present more than eight (8)feet below grade currently located within the Portion of the Property; iii.) Excavation associated with short term(six months or less)underground utility installation or repair and/or construction activities which will or may expose, disturb and/or relocate soils, LNAPL or LNAPL- contaminated materials present more than eight (8) feet below grade within the Portion of the Property, provided that such activities are conducted in accordance with a Health and Safety Plan, Soil Management Plan, and Light Non-Aqueous Phase Liquid (LNAPL) Management Plan prepared and implemented in accordance with Form 1075: continued Sections (i), (ii), and (iii) and evaluated in accordance with Section (iv) of the Obligations and Conditions set forth in Paragraph 3; iv.) Such other activities or uses which, in the Opinion of a Licensed Site Professional, shall present no greater risk of harm to health, safety, the public welfare or the environment than the activities and uses set forth in this Paragraph; and v.) Such other activities or 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.) Excavation or other invasive activity performed within the Portion of the Property that may expose, disturb and/or relocate soils, LNAPL or LNAPL-contaminated materials present more than eight (8) feet below grade, within the Portion of the Property, or result in the presence of LNAPL within an excavation or on groundwater within an excavation, without the prior implementation of LNAPL and Soil Management Plans and a Health and Safety Plan in accordance with the Obligations and Conditions, as set forth in Paragraph 3; and (ii.) Human occupation of an enclosed structure or building which may be constructed within or partially within the Portion of the Property without prior evaluation by an LSP to certify that such occupation presents no greater risk of harm to health, the public welfare and safety, and the environment,than the current uses and activities within the Portion of the Property or those activities consistent with the Activity and Use Limitation Opinion as described in Section (vi) of the Obligations and Conditions,as set forth in Paragraph 3. 3. Obligations and Conditions. The following obligations and/or conditions are necessary and shall be undertaken and/or maintained at the Portion of the Property to maintain a Permanent Solution and a condition of No Significant Risk: (i) A Health and Safety Plan must be prepared and implemented prior to any invasive activity or excavation which may expose, disturb, and/or relocate soils, LNAPL or LNAPL-contaminated materials present more than eight (8) feet below grade within the Portion of the Property. The Health and Safety Plan must be prepared by a Certified Public Hygienist or other qualified professional familiar with worker and safety procedures and Form 1075: continued requirements. The Plan should clearly identify the location(s)and nature(s) of the contaminated materials which may be encountered and the levels of personal protection and engineering controls, dust mitigation procedures, and perimeter monitoring required to minimize worker, site employee, and public exposure to contaminated materials. Excavation and/or construction workers who may come into contact with contaminated soils, LNAPL or LNAPL-contaminated materials in the Portion of the Property should be appropriately trained on the requirements of the Plan, and the Plan must remain available on-site throughout the course of the project; (ii) A Soil Management Plan must be prepared by an LSP and implemented prior to any activity which is likely to expose, disturb, and/or relocate soil present more than eight(8)feet below grade within the Portion of the Property. The Soil Management Plan must describe procedures to be followed during excavation, handling, storage, transport, and disposal of contaminated materials excavated or exposed during such activities. The Soil Management Plan may include pre-characterization of subsurface materials in the area where potential disturbance of contaminated materials is anticipated to determine whether impacted materials will be encountered and more accurately determine appropriate management alternatives. The Soil Management Plan should describe,in conjunction with the Health and Safety Plan,air and fugitive dust monitoring and engineering controls which may be required to minimize potential exposure to excavation/construction workers, on-site employees,or others present on or in the vicinity of the Property. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport, and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. The Soil Management Plan must include specific requirements for characterization of materials generated for disposal.Excavation/construction workers who may come into contact with impacted soils in the Portion of the Property should be appropriately trained on the requirements of the Plan, and the Plan must remain available on-site throughout the course of the project; (iii)An LNAPL Management Plan must be prepared by an LSP and implemented prior to any activity that is likely to expose, disturb, and/or relocate LNAPL or LNAPL-contaminated materials present within the Portion of the Property. The LNAPL Management Plan must describe procedures to be followed during excavation, recovery, containment, collection, storage and/or removal of LNAPL and/or LNAPL-contaminated materials excavated or recovered during such activities. The LNAPL Management Plan will include worker protection measures related to LNAPL consistent with the Health and Safety and Soil Management Plans. Workers who participate in any activity that is likely to expose, disturb, and/or relocate LNAPL and/or LNAPL-contaminated materials present within the Portion of the Property should be appropriately trained on the requirements of the LNAPL Form 1075: continued Management Plan,and the Plan must remain available on-site throughout the course of the activity. (iv)Contaminated materials present at depth within the Portion of the Property must remain at depth and must not be relocated within the Portion of the Property or to location(s) outside the Portion of the Property, unless such activity is first appropriately evaluated by an LSP who renders an Opinion that states that such relocation is consistent with maintaining a condition of No Significant Risk; (v) On-site workers must be informed of the location and nature of contaminated materials within the Portion of the Property and of the restrictions imposed by the Notice of Activity and Use Limitation. Copies of the Health and Safety Plan, Soil Management Plan, and LNAPL Management Plan must be available on-site during any activities that may result in exposure to, disturbance of, and/or relocation of contaminated materials, including but not limited to LNAPL and/or LNAPL- contaminated materials present more than eight (8) feet below ground surface within the Portion of the Property, and; (vi)Following construction of any addition to an existing building,new building, or other structure intended for human occupation within or partially within the Portion of the Property, and prior to occupation of the addition, new building,or other structure,an LSP must render an opinion that conditions in and the intended use of the addition,new building or other structure presents no greater risk of harm to human health, the public welfare and safety, and the environment, than current uses and activities within the Portion of the Property or those activities and uses consistent with the Activity and Use Limitation Opinion. 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 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 significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by a Licensed Site Professional in accordance with 310 CMR Form 1075: continued 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). Form 1075: continued 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). WITNESS the execution hereof under seal this ) g1Mday of April,2021. Colonel Christopher S. Mason Superintendent of Massachusetts State Police Signing on behalf of the Commonwealth of Massachusetts as Owner COMMONWEALTH OF MASSACHUSETTS Hampshire, ss April 15, 2021 On this (jthday of April, 2021, before me, the undersigned notary public, personally appeared Col. Chrsfophe; Mason proved to me through satisfactory evidence of identification,which were 5-tcd-c. ZD , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he)( 1e)-signed it voluntarily for its stated purpose. as 54-ctfe Po(i CC afei tn-terdotfor the Commonwealth of Massachusetts. -au4' signature and seal of notary) Pair elc� Fci t l R.c:uk-'�ek-k 6 C{U ALA ciDrMMiSSioA eXeir S 'De )3y �CU3"1 Form 1075: continued The undersigned Licensed Site Professional hereby certifies that in his Opinion this Notice of Activity and Use Limitation is consistent • a Permanent Soluti n and maintaining a condition of No Significant Risk. P.te: q �D 252.I �va�y��� �.;cy s E. ingler LSP SEAL] 4 CHARLES o to E. 0 KLINGLEP w No.9435 COMMONWEALTH OF MASSACHUSETTS Q�qs.' orc er, ss April 3a, 2021 On this 3'0 day of April, 2021, before me, the undersigned notary public, personally appeared Charles E.Klingler,proved to me through satisfactory evidence of identification,which were JD/ C , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. as Licensed Site Professional for the Commonwealth of Massachusetts. (official signature and seal of notary) Upon recording, return to: MALCOLM KASSINI ** Notary Public COMMONWEALTH OF MASSACHUSETTS Colonel Kerry A. Gilpin My Commission Expires Superintendent Ma 29,2026 Commonwealth of Massachusetts 470 Worcester Road Framingham,MA 01702 PERIMETER LEGAL DESCRIPTION Beginning at a granite Massachusetts Highway Bound found in the easterly sideline of North King Street opposite Sta 46+24.00 of the 1934 state highway alteration; Thence along the easterly sideline of North King Street with a curve turning to the left, with an arc length of 113.59', with a radius of 716.18', with a chord bearing of N 39°02'47" E, with a chord length of 113.47', to a computed point at the intersection of the easterly sideline of North King Street with the centerline of the former Hatfield Road, which is purported to be an abandoned way; Thence N 56°53'46" E along the centerline of the former Hatfield Road a distance of 462.81' to a computed point in the westerly sideline of Interstate Route 91; Thence S 14°48'38"W along the westerly sideline of Interstate Route 91 a distance of 39.87' to a granite Massachusetts Highway Bound found opposite Sta 296+70.20 of the 1962 state highway layout of Interstate Route 91; Thence S 14°18'52" W along the westerly sideline of Interstate Route 91 a distance of 754.45' to a Massachusetts Highway Bound found opposite Sta 287+38.08 of the 1962 state highway layout of Interstate Route 91; Thence N 42°24'44" W a distance of 24.42' to the centerline of a culvert in a concrete head wall at the centerline of Halfway Brook; Thence up the centerline of Halfway Brook approximately 514' to the centerline of a culvert in a concrete headwall, a Tie Course from Culvert to Culvert being; N 54°56'22" W a distance of 427.22'; Thence N 75°48'17" W a distance of 18.67' to a computed point in the easterly sideline of North King Street; Thence with a curve turning to the right with an arc length of 202.04', with a radius of 902.31', with a chord bearing of N37°10'31" E, with a chord length of 201.62', to a granite Massachusetts Highway Bound found in the easterly sideline of North King Street opposite Sta 46+24.00 of the 1934 state highway alteration, which is the point of beginning, Said parcel having an area of 3.993 acres +/- EXHIBIT A-1 - ACTIVITY USE LIMITATION AREA LEGAL DESCRIPTION Beginning at a granite Massachusetts Highway Bound found in the easterly sideline of North King Street opposite Sta 46+24.00 of the 1934 state highway alteration; Thence along the easterly sideline of North King Street with a curve turning to the left with an arc length of 32.34', with a radius of 716.18', with a chord bearing of N 42°17'47" E, with a chord length of 32.34', to a computed point at the intersection of the easterly sideline of North King Street with the southerly sideline of the former Hatfield Road, which is purported to be an abandoned way; Thence S 65°37'23" E a distance of 170.73' to a computed point; Thence N 48°06'31" E a distance of 72.79' to a computed point; Thence S 42°27'34" E a distance of 83.44' to a computed point; Thence S 47°32'26" W a distance of 155.71' to a computed point; Thence N 75°44'26" W a distance of 263.22' to a computed point in the easterly sideline of North King Street; Thence along the easterly sideline of North King Street with a curve turning to the right, having an arc length of 129.39', with a radius of 902.31', with a chord bearing of N 39°28'55" E, and with a chord length of 129.28',to a granite Massachusetts highway bound: Which bound is the point of beginning, The Activity Use Limitation Area having an area of 0.881 acres +/- Plan 1 .o ( Hi PQr 63 i/,(/a/ .. �Xpp�p �q o'r�I , J9.BT !I1111�941�51���!I`��'.I I�I� ti� WF Joseph Barker.Jr, n 10 • •Bs TB6+9020 nN, Susan M.Barker O(ye Su •' Bk 8667 Pg 286 g 0• ...^--' lh See Plan Bk 91 Pg 85 9 "• _ =.r I8 • 40 e j d• I ,©� 1-4 • qv L s � } s i as i • ( r..._ , ,D Locus Map 1"=2000' • %'§ ", /.. / ,/ \\ 4.. q I. 44 (, / i '�\\ '.. 3.993 Acres* • / \ ,--7 M« �>• ��� $ • �3r. 4 "• /• 'CZ? or.L>E� • 4e, • . '§ �p6 P e ' b / ti Legend: ©FI<1<Gi 'IM� ' � :$ t � ,(1 k .♦ // O O-400 Pipe Found • ♦ •-ComputedaFounPoint • j. /. , C4 z, BB-Granite Bound Found • �' c. y ti-Utility Pole CJ AUL Area \ ° •s�d'Ay''�y :® ' a-M'tor Wel1Folmd •• e'p� ! I -Activity Use Limitation Are., • 0,881 Acres r • w / hi..4* .. * : .A NTj.`TW ry 1 ,7' u y y, \ N/F y / ,, LI • Behrew Cemeu.y Sociery ofNonhampton N., ♦ Bk 962Pg 45 �y See Plan Bk 181 Pg 30 N. <. 5 rT♦\ t0� -�. l .c� \ pnagn a .fir♦ H 'I'v. •�y AREA: '�!y� Total:The Commonwealth of Massachusetts:3.993 Acres f k o Activity Use Limitation Area:0.881 Acres t qw N. J • PI-AN OPIANDIN Notes: .0 nody•e "+adage,ee,e....lernd..nraecnm,non»�Im.r Ccw s •enr, NORTHAMPTON,MASSACHUSbJAS hinmedu,eem the mee iulkpama,of Public Se..wad in de II,mp h),Div.Regis,ofDeN,in _^�, PREPARED FOR 1)06866 Pg.U.De.Aogud 6.1990 2)9Y.669➢g.e67.0.04 Isounry 1,19d19)Dh.988 Pg.elr.brad 4" • THE COMMONWEALTH OF MASSACHUSETTS Nm®be U,19N J' SNOWING :.The l&.miss e.,eyed....nhereon m,y.'ohm to rig.nag easemmn a cos.,.in we e,dow '\7%, Soz ACTIVITY USE LEVITATION AREA .00ofroe.de,mib;ng said pimme nelwbm waeatofaidreg..e.,mne,,s m nor the ae. 4- ei.a� of 00,e,n• I Nora K;neg MC.Rotor 5@10 Sow 1i44my,Wringrvyinari9...08Nomw199S 9 Fee, 1 &O.thipl Ommd,e �, B E K A�mB9a,.e.®�g Al oa.The ngh f yen rNetth King Smm AVM Roue d 010.,hom hewn n.01 upon ev"dace property.5lineuthet foam emerun mn der thereof- rand ewith MO.L aka. 20 0 20 M 80 120 Of n t fexisting ownerships,and the Imes ;'� � ASSOCIATES Y1 I 1 Certify th&tths plan his been prepared in of,hee aea ways bowo ere those of,d,.54.or 4.The intent lull N umsho M1 I or the Arnnry Um Lmimuw Am es ii Mown is the p,rimaa Q 1 i 16 is it conformity with the rules 0adAvolaim,of private ys&Ludy established,sod ilic000 9CURTIS AVENUE uh6eµcel Matm the mni.of deeds opbe Comen.wesith tLslbo new lines for the diwiun of existing owns DALTON,MA 01226 of chumm biy afrnew reps 6owu Mrem. ' r J.ndemrk fenrothe enw,Imennne.tw shown a Po®.4R,tr ldRwea,mna e,.,mn end api.m or '' � Due Jo6g Scale ROW ill Win.if on.M.G.Lrb.189e.se.Rounday0002Oalong the awe.ef.1 and T.ere,m.ym -.S0000- OA(fro U�0 11/10smo r9211 1.-b, mgen to,beeigher ofodn.sw,of said ror;,urn*0 hesmmoned e.Caren Canminmoef, !'red .Surveyor we ' vf6rtvmne1 Searevr D,¢ DRAWN BY I REVMWBDBY Volume xTlynvT. MCRD BIX EXHIBT C ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of 310 CMR 40.1074,this Activity and Use Limitation(AUL) Opinion has been prepared to support a Notice of Activity and Use Limitation (Notice) for a portion of the property (Portion of the Property) located at 555 North King Street,Northampton, Massachusetts (the Site property). The subject approximately 3.993 acre Site property is zoned for FFR (farms, forests and rivers) and SC (special conservancy) use and is currently the site of the Northampton Barracks of the Massachusetts State Police. The Portion of the Property subject to the AUL comprises approximately 0.881 acres (38,376 square feet) of land located south and west of the barracks building in the central part of the Property. Property and Release History The Site property at 555 North King Street in Northampton,Massachusetts is currently utilized as a barracks facility for the Massachusetts State Police. The Site property is improved with a 3-story slab-on-grade, brick building used as the barracks. A vehicle maintenance facility building and several smaller buildings,currently used for storage,photography lab,radio room,etc.,are present on the property.A section of a perennial surface water(Halfway Brook), is located within the Site. Residential properties are located within 500 feet of the Site property. The Site property is not located within a Current of Potential Drinking Water Supply Area: municipal drinking water service is present on the Site property and all developed properties in the vicinity of the Site property. Surficial geology encountered at the Site is rather complex with abundant interbedded layers of clay and sand deposited as glacial lake sediments. As a result of this complex geology, both shallow (- 10' deep) and deep (-25' deep) aquifers have been observed. Subsurface materials on and in the vicinity of the Site property consist of fine to coarse sands interlayered with clay and silt, including abundant clay layers, 1 to 3 feet thick, interlayered with fine sand. This geology provides for perched,unconfined and confined groundwater conditions. Impact was not observed in the perched conditions. Gasoline light non-aqueous phase liquid (LNAPL), and associated dissolved constituents,have been observed to occur in both confined and unconfined conditions. Several release conditions, requiring notification to Massachusetts Department of Environmental Protection (MassDEP), have occurred at the Site. On April 1, 1992, gasoline contaminated soils were encountered during the removal of a gasoline underground storage tank (UST) which triggered a 72-hour notification condition to MassDEP (Release Tracking Number (RTN) 1- 0000973). In May 2000, during the excavation of stained surface soils in the vicinity of the radio tower near the northeastern corner of the maintenance building, concentrations of chromium were detected in near-surface soil (RTN 1-0013490). On October 24, 2000, approximately 2 inches of gasoline LNAPL was detected in well MW-9 in the central part of the Site (RTN 1-0013661). In January 2007 a thickness of 0.11 feet of gasoline LNAPL was detected in an apparent up-gradient well. This condition was presumed at the time to be unrelated to the known source of gasoline impacts previously detected at the Site. MassDEP assigned RTN 1-0016492 to this condition. Subsequently, it was determined that this condition was caused by the migration of LNAPL under confined conditions and was related to RTN 1-0000973. All RTN's subsequent to the primary RTN 1-0000973 have been linked to the primary RTN, 1-0000973. All gasoline USTs have been removed from the property. Various remedial alternatives have been employed at the Site throughout its history and have consisted of soil excavation and off-site removal,LNAPL bailing,enhanced fluid recovery(EFR), in-situ chemical oxidation (ISCO) Injections (sodium persulfate) and monitored natural attenuation(MNA). The evaluation of Site conditions (including groundwater, soil, surface water and sediment) following implementation of the various remedial actions indicates that the conditions are stable, though contaminant concentrations in groundwater and the occurrence of LNAPL have been observed to fluctuate by varying degrees over time. These fluctuations appear to be related primarily to changes in hydrostatic forces present in the aquifer that result in localized Micro-scale mobility of LNAPL and associated dissolution of related contaminants. Evaluation of current conditions within the Disposal Site Area indicates that residual LNAPL exhibiting Micro-scale Mobility remains present within the Disposal Site Area. Measurable thicknesses of LNAPL have only been detected on groundwater between depths of 17.70 and 31.00 feet below grade surface. LNAPL exhibiting Micro-scale Mobility is LNAPL present in soil normally approximately at or below residual saturation, which, under certain temporary environmental conditions, may migrate short distances in the subsurface. LNAPL exhibiting Micro-scale Mobility may appear at times in monitoring wells or may migrate into open excavations,which penetrate the zone where such LNAPL is present. LNAPL exhibiting Micro- scale Mobility is considered incapable of significant migration in the subsurface and cannot practically be removed from the subsurface. Reason for Activity and Use Limitation The purpose of this Activity and Use Limitation is to: 1.) restrict or condition certain potential future uses of the Portion of the Property in order to minimize potential exposure to LNAPL and residual contamination within the Portion of the Property subject to the AUL; 2.) provide notice of the presence of LNAPL with Micro-scale Mobility within the Portion of the Property subject to the AUL, and; 3.)provide for the management of conditions and materials which may be encountered within the Portion of the Property subject to the AUL. Conditions on the Site associated with the release were evaluated in a Massachusetts Contingency Plan (MCP) Method 3 Risk Characterization. [Note: The MCP provides for three methods of assessing potential risks associated with a disposal site: Method 1,which involves comparison of soil and groundwater contaminant levels measured at a site to existing numerical standards adopted by the MassDEP; Method 2, which involves comparison of soil and groundwater contaminant levels measured at a site to Method 1 standards modified in certain limited ways to incorporate site-specific conditions, and; Method 3, which involves a quantification of total site risk considering current and potential on-site receptors, assumed exposure scenarios, and contaminant levels measured at the site.] Potential risk of harm to human health presented by current conditions within and uses of the Disposal Site Area and potential future conditions within and uses of the Disposal Site not restricted by this AUL were evaluated using an MCP Method 3 Risk Characterization. Potential risk of harm to the public welfare and safety, and to the environment, was also evaluated according to an MCP Method 3 Risk Characterization. The findings of the Method 3 characterization of potential risk of harm to human health were that all current and most reasonably foreseeable future conditions within and uses of the Portion of the Property present No Significant Risk of harm to human health. The findings of the Method 3 characterization of potential risk of harm to the public welfare and safety,and to the environment were that all current and reasonably foreseeable future conditions within and uses of the Portion of the Property present No Significant Risk. Specifically, it was concluded that certain potential future uses of and activities within the Portion of the Property, including excavation to depths of more than eight (8) feet within the Portion of the Property, relocation and/or redistribution of contaminated materials present more than eight (8) feet below grade within or outside the Portion of the Property, and; human occupation of structures or portions of structures which may be constructed within the Portion of the Property, may increase the potential for human exposure to residual contaminated materials present within the Portion of the Property, including LNAPL and LNAPL-contaminated soils locally present at depths of eight (8) feet or more below grade within the Portion of the Property. It is therefore determined, in order to maintain a condition of No Significant Risk of harm to human health with respect to conditions within the Portion of the Property, certain restrictions on the potential future uses of activities within the Portion of the Property are required. It is accordingly the purpose of this AUL to restrict or condition potential future uses of or activities within the Portion of the Property in order to minimize the potential for human exposure to residual contamination present within the Portion of the Property and assure the maintenance of a condition of No Significant Risk of harm to human health, to provide notice of the presence,nature,extent, and characteristics of LNAPL with Micro-scale Mobility in the environment within the Portion of the Property and to provide for the proper management of materials and environments which may be encountered within the Portion of the Property. Permitted Activities and Uses Consistent with the AUL Opinion (i.) Commercial, industrial and residential use of the Portion of the Property and activities consistent therewith,including landscaping and surface maintenance that does not result in direct contact with,disturbance of,and/or relocation of,soils more than eight(8)feet below grade located within the Portion of the Property; (ii.) Vehicular and pedestrian traffic,vehicular parking,and other non-intrusive activities which do not cause and/or result in direct contact with, disturbance of, and/or relocation of, soils present more than eight (8) feet below grade currently located within the Portion of the Property; (iii.) Excavation associated with short term (six months or less)underground utility installation or repair and/or construction activities which will or may expose, disturb and/or relocate soils, LNAPL or LNAPL-contaminated materials present more than eight (8) feet below grade within the Portion of the Property, provided that such activities are conducted in accordance with a Health and Safety Plan, Soil Management Plan, and LNAPL Management Plan prepared and implemented in accordance with Sections(i),(ii),and(iii), and evaluated in accordance with Section(iv) in the Obligations and Conditions below; (iv.) Such other activities or uses which, in the Opinion of a Licensed Site Professional, shall present no greater risk of harm to health,safety,the public welfare or the environment than the activities and uses set forth in this Paragraph; and (v.) Such other activities or uses not identified below as being Activities and Uses Inconsistent with maintaining No Significant Risk Conditions. Restricted Activities and Uses Inconsistent with the AUL Opinion (i.) Excavation or other invasive activity performed within the Portion of the Property that may expose, disturb and/or relocate soils, LNAPL or LNAPL-contaminated materials present at more than eight (8) feet below grade, within the Portion of the Property, or result in the presence of LNAPL within an excavation or on groundwater within an excavation,without the prior implementation of LNAPL and Soil Management Plans and a Health and Safety Plan in accordance with the Obligations and Conditions,as set forth below; and (ii.) Human occupation of an enclosed structure or building which may be constructed within or partially within the Portion of the Property without prior evaluation by an LSP to certify that such occupation presents no greater risk of harm to health,the public welfare and safety,and the environment, than the current uses and activities within the Portion of the Property or those activities consistent with the Activity and Use Limitation Opinion as described in Section(vi) of the Obligations and Conditions. Obligations and Conditions (i.) A Health and Safety Plan must be prepared and implemented prior to any invasive activity or excavation which may expose, disturb, and/or relocate soils LNAPL or LNAPL- contaminated materials present more than eight (8) feet below grade within the Portion of the Property. The Health and Safety Plan must be prepared by a Certified Public Hygienist or other qualified professional familiar with worker and safety procedures and requirements. The Plan should clearly identify the location(s) and nature(s) of the contaminated materials which may be encountered and the levels of personal protection and engineering controls, dust mitigation procedures, and perimeter monitoring required to minimize worker,site employee,and public exposure to contaminated materials. Excavation and/or construction workers who may come into contact with contaminated soils,LNAPL or LNAPL-contaminated materials in the Portion of the Property should be appropriately trained on the requirements of the Plan, and the Plan must remain available on-site throughout the course of the project; (ii.) A Soil Management Plan must be prepared by an LSP and implemented prior to any activity which is likely to expose,disturb,and/or relocate soil present more than eight(8)feet below grade within the Portion of the Property. The Soil Management Plan must describe procedures to be followed during excavation, handling, storage, transport, and disposal of contaminated materials excavated or exposed during such activities. The Soil Management Plan may include pre-characterization of subsurface materials in the area where potential disturbance of contaminated materials is anticipated to determine whether impacted materials will be encountered and more accurately determine appropriate management alternatives. The Soil Management Plan should describe,in conjunction with the Health and Safety Plan,air and fugitive dust monitoring and engineering controls which may be required to minimize potential exposure to excavation/construction workers, on-site employees, or others present on or in the vicinity of the Property. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport, and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. The Soil Management Plan must include specific requirements for characterization of materials generated for disposal. Excavation/construction workers who may come into contact with impacted soils in the Portion of the Property should be appropriately trained on the requirements of the Plan, and the Plan must remain available on-site throughout the course of the project; (iii.) An LNAPL Management Plan must be prepared by an LSP and implemented prior to any activity that is likely to expose, disturb, and/or relocate LNAPL or LNAPL-contaminated materials present within the Portion of the Property. The LNAPL Management Plan must describe procedures to be followed during excavation, recovery, containment, collection, storage and/or removal of LNAPL and/or LNAPL-contaminated materials excavated or recovered during such activities. The LNAPL Management Plan will include worker protection measures related to LNAPL consistent with the Health and Safety and Soil Management Plans. Workers who participate in any activity that is likely to expose,disturb, and/or relocate LNAPL and/or LNAPL contaminated materials present within the Portion of the Property should be appropriately trained on the requirements of the LNAPL Management Plan,and the Plan must remain available on-site throughout the course of the activity; (iv.) Contaminated materials present at depth within the Portion of the Property must remain at depth and must not be relocated within the Portion of the Property or to location(s) outside the Portion of the Property, unless such activity is first appropriately evaluated by an LSP who renders an Opinion that states that such relocation is consistent with maintaining a condition of No Significant Risk; (v.) On-site workers must be informed of the location and nature of contaminated materials within the Portion of the Property and of the restrictions imposed by the Notice of Activity and Use Limitation. Copies of the Health and Safety Plan, Soil Management Plan, and LNAPL Management Plan must be available on-site during any activities that may result in exposure to, disturbance of, and/or relocation of contaminated materials, including but not limited to LNAPL and/or LNAPL-contaminated materials present more than eight (8) feet below ground surface within the Portion of the Property, and; (vi.) Following construction of any addition to an existing building, new building, or other structure intended for human occupation within or partially within the Portion of the Property, and prior to occupation of the addition, new building, or other structure, an LSP must render an opinion that conditions in and the intended use of the addition,new building or other structure presents no greater risk of harm to human health, the public welfare and safety, and the environment, than current uses and activities within the Portion of the Property or those activities and uses consistent with the Activity and Use Limitation Opinion. Date: q �3 ° 909 I Charles E.Klingler Licensed Site Professionalf - ITT y•� }} .,/,}j 0�. 1 A 1'tL^ Y•� 1 F'2: ! '1a. �hIA�,n' �i .r f.3���.�i'� i �,�iz�.� �;3,.i�.' "t .5'7"�1WY M/�,fW �J�{ Au.f� � .,,..: ,�ks!:h�Y�:+:.fi.�� '^"��0 II II ll I 01606 TER, MA MAV67. 21 r/ �,_ UNITED fT4TEf A MO U TT �. 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