Old South Street Parking Lot (31D-237) AULForm 1075 -DRAFT 310CMR40.1099
For Portion of Parcel 31D-237, Old South Street Parking Lot
Form 1075
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, § 6 and 310 CMR 40.0000
Disposal Site Name: Former Northampton Gas Works
DEP Release Tracking No.:1-14222
This Notice of Activityand Use Limitation ("Notice") is made as of this _____ dayof
_____________,2007,by theCityofNorthampton,havinganaddressat CityHall,210MainStreet,
Northampton, MA,together with its successors and assigns (collectively "Owner").
W I T N E S S E T H:
WHEREAS,theCityofNorthampton istheownerinfeesimpleofthe certainparcelof
land located in Northampton, Hampshire County, Massachusetts with the improvements thereon,
pursuant to deeds recorded with the Hampshire County Registry of Deeds in Book __, Page __;
WHEREAS, said parcel of land, which is more particularly bounded and described in
Exhibit A, attached hereto and made a part hereof ("Property")is subject to this Notice of Activity
andUseLimitation .ThePropertyisshown onaplanrecordedintheHampshireCountyRegistryof
Deeds in Plan Book __, Page __;
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 particul arly bounded
anddescribedinExhibitA-1,attachedheretoandmadeaparthereof. ThePortionofthePropertyis
shown on a sketch plan (Exhibit A-1)attached hereto and filed herewith for registration;
WHEREAS,thePropertycomprisespartofadisposalsiteastheresultofareleaseof oil
and/or hazardous material.Exhibit B is a sketch plan showingtherelationshipofthe Portionofthe
Propertysubject tothis NoticeofActivityandUseLimitationtotheboundariesofsaiddisposalsite
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
DisposalSiteinaccordance withM.G.L.c.21E("Chapter21E")andtheMassachusettsContingency
Plan,310CMR40.0000("MCP"). Saidresponseactionsarebasedupon(a)therestrictionofhuman
access to and contact with oil and/or hazardous material in soil and/or groundwater and/or (b) the
restrictionofcertainactivitiesoccurringin,on,through,overorunder aPortionof theProperty. The
basis for such restrictions is set forth in an Activityand Use Limitation Opinion ("AULOpinion"),
dated __________, (which 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 said AUL Opinion are as follows:
1.Activities and Uses Consistent with the AULOpinion. The AULOpinion provides
Form 1075 -DRAFT 310CMR40.1099
that a condition of No Significant Risk to health, safety, public welfare or the
environment exists for anyforeseeable period of time (pursuant to 310 CMR 40.0000)
so long as anyof the following activities and uses occur on the Portion of the Property:
(i) Use or development of the Portion of the Property as an industrial,
commercial, or retail property, or use or development of the Portion of the
Property for vehicular parking, vehicular traffic, bicycle path, pedestrian, or
otheractivitiesanduseswhichwouldnotcompromisethestructuralintegrity
of anyexistingor anyreplacement surface barrier (as defined inParagraph1
(ii) below) and/or allow direct contact with MGP-contaminated subsurface
soil greater than twelve (12) feet bgs;
(ii)Useofthe Portionofthe Propertyasaresidence,school,daycare,nursery,
playground, recreational area, etc. where a child is likely to be present,
provided that access to subsurface (greater than twelve (12) ft bgs) soils is
prevented through the use of a barrier to direct contact on the Portion of the
Property. This barrier would consist of a minimum of three (3) feet of
unimpacted soils (which may have but does not rely on, other surface
materials such as landscaping, concrete or brickwork sidewalk,bitumino us
pavement, etc.);
(iii) Excavationand/orremovalofsoilswithin twelve feetofgroundsurface
associated with maintenance or repair of subsurface utilities,building
foundations, orsimilarstructures providedthat after excavation,aminimum
ofthree(3)ofunimpactedsoils orotherengineeredbarrier ispresentoverthe
potentially-MGP -contaminated soil;
(iv)Excavationand/orremovalofpotentially MGP-contaminatedsubsurface
soils (greater than twelve (12) feet below ground surface and associated
handling and processing (e.g. size reduction, etc.))associated with limited
short-term (three months or less) construction work, provided that it is
conducted in accordance with the performance standards of the MCP.
Potentially MGP-contaminated soils are located directly beneath a twelve
(12) foot thick layer of historic fill and soil. Such activities must be
conducted in accordance with the performance standards set forth by the
MCP and conducted under the direction of a Licensed Site Professional
(LSP). [Note: AnLSP is aperson that theCommonwealthofMassachusetts
has determined has the appropriate education and experience to manage the
assessment and remediation of sites pursuant to the MCP without the direct
oversight of the Massachusetts Department of Environmental Protection
(MassDEP)]. Excavationactivitiesmustbeconductedinaccordancewiththe
Soil Management Procedures pursuant to 310 CMR 40.0030, and/or all
applicableworkerhealthandsafetypracticespursuantto310CMR40.0018,
and must ensure prompt repair/replacement of a barrier immediately
following the completion of the project;
(v) Maintenance activities related to the repair, resurfacing and/or
replacement of pavement, parking lots, sidewalks, bicycle paths, and
Form 1075 -DRAFT 310CMR40.1099
driveways, provided that such activities do not result in contact with
potentially MGP-contaminated soils. Potentially contaminated soils are
locatedimmediatelybeneatha twelve (12)footthicklayerof historicfilland
soil. Maintenance activities are allowed provided theydo not extend below
these depths or compromise contaminated soil located beneath these depths
and provided that the barrier is replaced;
(vi)Landscapeactivities,includinglawnmowing,mulching,and/orplanting
of flowers and shrubs that do not result in disturbance or direct contact with
existingpotentially MGP-contaminatedsoil that is locatedat adepthofover
twelve (12) feet below the ground surface and provided that the barrier is
replaced;
(vii) Activities and uses which are not identified by this Notice as being
inconsistent with maintaining a condition of No Significant Risk; and
(viii) Such other activities and uses which, in the Opinion of an LSP, 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.
2.Activities and Uses Inconsistent with the AULOpinion. Activities and uses which
are inconsistent with the objectives of this Notice of Activity and Use Limitation, and
which, if implemented at the Portion of the Property, mayresult in a significant risk of
harm to health, safety, public welfare or the environment or in a substantial hazard, are
as follows:
(i) Except as provided in Paragraphs 1(v) or 1(vi) above, activities and/or
uses which involve the removal and/or disturbance of the barrier on the
PortionofthePropertyand/orthedisturbanceofthe MGP-contaminatedsoil
located at a depth of twelve (12) feet below ground surface without prior
development of a Soil Management Plan and a Health and Safety Plan in
accordance with Obligations (i) and (ii) of Paragraph 3 below;
(ii)Relocationofthe MGP-contaminatedsoilfrombeneaththebarrieronthe
Portion of the Property, unless an LSP renders an Opinion which states that
such relocation is consistent with maintaining a condition of No Significant
Risk;
(iii) Activities and/or uses which cause physical or chemical deterioration,
breakage, or structural damage to the barrier, unless the barrier is replaced
immediately following such activities as allowed under Paragraphs 1 (iv), 1
(v), and 1 (vi) above;
(iv)Useofsoils at the Portionofthe Propertyforthecultivationoffruitsand
vegetables intended for human consumption;
(v) Any activity, including, but not limited to,grading or excavation, which
involves disturbance, relocation and/or removal of soil from the Portion of
Form 1075 -DRAFT 310CMR40.1099
the Property, without the prior development and implementation of a Soil
ManagementPlanandHealthandSafetyPlaninaccordancewithObligations
(i)and(ii)ofParagraph3below,andrestorationofthebarrierasdescribedin
Obligation (iii) of Paragraph 3 below; and
(vi) Activities and/or uses that may decrease the thickness of the barrier in
areas of the Portion of the P roperty except as allowed in sections 1(v) and 1
(vi) above.
3.ObligationsandConditionsSetForthintheAULOpinion. Ifapplicable,obligations
and/or conditions to be undertaken and/or maintained at the Portion of the Property to
maintain a condition of No Significant Risk as set forth in the AUL Opinion shall
include the following:
(i) A Soil Management Plan must be prepared by an LSP and implemented
prior to the commencement of any activity that will disturb the MGP-
contaminated soil located twelve (12) feet below ground surface. The Soil
Management Plan must bepreparedbyanLSP andimplementedpriortothe
commencementofanyactivityatthe Portionofthe Property thatinvolvesthe
disturbance, excavation and/or removal of OHM-impacted soil, with the
exceptions described in Paragraph 1 above. The Soil Management Plan
shoulddescribeappropriatesoilexcavation,handling,storage,transport,and
disposal procedures in accordance with the provisions of the MCP cited at
310CMR40.0030etseq.andappropriategroundwater handling,storage,and
disposalproceduresinaccordancewiththeprovisionoftheMCPcitedat310
CMR40.0040etseq.TheSoilManagementPlanshouldincludeadescription
oftheengineeringcontrolsandenvironmentalmonitoringprocedures,ifany,
necessarytoensurethatworkersandreceptorsinthevicinityarenotaffected
by fugitive dust or particulates from the Portion of the Property. On-site
workersmustbeinformedoftherequirementsoftheSoilManagementPlan,
and the plan must be available on-site throughout the course of the project;
and;
(ii) A Health and Safety Plan pursuant to 310 CMR 40.0018, must be
prepared by a certified Industrial Hygienist, or other qualified individual
sufficiently trained in worker health and safety requirements and
implementedpriortothecommencement ofanyactivityat the Portionofthe
Property which involves the disturbance, excavation and/or removal of
OHM-impactedsoil,withtheexceptionsdescribedinParagraph1above.The
Health and Safety Plan should specify the type of personal protection (i.e.,
clothing,respirators),engineeringcontrols,andenvironmentalmonitoring(if
any)necessarytopreventworkerexposurestoOHM-impactedsoil.Workers
must be informed of the requirements of the Health and SafetyPlan, and the
plan must be available on-site throughout the course of the project;
(iii) The barrier within the Portion of the Property must be reasonably
maintained, repaired and/or replaced with a comparable barrier to prevent
future exposures to underlying MGP-contaminated soil immediately
Form 1075 -DRAFT 310CMR40.1099
following the completion of any activity which involves its removal and/or
disturbance;
(iv) The barrier must be maintained within the Portion of the Property to
ensurethatthe MGP-contaminatedsoillocated twelve(12)feetbelowground
surface remains inaccessible;
(v)Semi-annualinspectionsandassociatedrecord-keepingactivitiesmustbe
performedtoconfirmthatthebarrierisbeingproperlymaintainedtoprevent
exposure(s) to MGP-contaminated soil located beneath the barrier;
(vii) Response actions must be conducted in accordance with the
MassachusettsContingencyPlan,310CMR40.0000,shouldanLSPOpinion
rendered pursuant to Obligation (i) conclude that future Portion of the
Property uses and activities, including exposures associated with future
building construction, are inconsistent with maintaining a condition of No
Significant Risk.
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 an LSP who shall
render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the
proposedchangeswillpresentasignificantriskofharmtohealth,safety,publicwelfare
or the environment. Any and all requirements set forth in the Opinion to meet the
objectiveofthis Noticeshall besatisfiedbeforeanysuchactivityoruseiscommenced.
5.Violation of a Response Action Outcome. The activities, uses and/or exposures
upon which this Notice is based shall not change at anytime to cause a significant risk
of harm to health, safety, public welfare, or the environment or to create substantial
hazardsduetoexposuretooiland/orhazardousmaterialwithoutthepriorevaluationby
an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response
actions, if necessary, to achieve or maintain a condition of No Significant Risk or to
eliminate substantial hazards.
Iftheactivities, uses, and/orexposures uponwhichthis Noticeis basedchangewithout
the prior evaluation and additional response actions determined to be necessary by an
LSPinaccordancewith310CMR40.1080etseq.,theowner oroperatoroftheProperty
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,occupancyagreementsoranyotherinstrumentof
transfer, wherebyan interest in and/or a right to use the Propertyor a portion thereof is
conveyed.
Ownerherebyauthorizesandconsentstothefilingandrecordationand/orregistrationof
this Notice, said Notice to become effective when executed under seal by the
Form 1075 -DRAFT 310CMR40.1099
undersignedLSP,andrecordedand/orregisteredwiththeappropriateRegistryofDeeds
and/or Land Registration Office(s).
WITNESStheexecutionhereofundersealthis_____________dayof_____________,
20____.
[Name of Owner]
[COMMONWEALTH OF MASSACHUSETTS]
[STATE OF___________________]
______________, ss ____________,
20___
Then personally appeared the above-named _____________________and
acknowledged the foregoing instrument to be [his][her] free act and deed before me,
Notary Public:
My Commission
Expires:
TheundersignedLSPherebycertifiesthat[he][she]executedtheaforesaid Activityand
Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in [his][her]
Opinion this [Confirmatory] Notice of Activityand Use Limitation is consistent with the terms set
forth in said Activity and Use Limitation Opinion.
Date:_________________
[Name of LSP]
[LSP SEAL ]
[COMMONWEALTH OF MASSACHUSETTS]
[STATE OF ______________________]
_______________, ss _____________,
20__
Then personally appeared the above named __________and acknowledged the
foregoing instrument to be [his][her] free act and deed before me,
Notary Public:
My Commission
Expires:
Form 1075 -DRAFT 310CMR40.1099
Upon recording, return to:
(Name and Address of Owner)
EXHIBIT C
ACTIVITY AND USE LIMITATION OPINION
Old South Street Parking Lot,Northampton,Massachusetts
DEP Site #1-14222
In accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation
(AUL)Opinion has been prepared for a portion of a parcel of land owned by the City of
Northampton,located on Old South Street, Northampton , Massachusetts, Hampshire County,
Massachusetts 01060 (the “Portion of the Property ”; see Exhibit A-1). The Portion of the
Property is part of the parcel of land identified by the City of Northampton Tax Assessor as Map
31D, Lot 237.[Note to the City:This AUL is intended for the eastern portion of Lot 237].
As of the date of this Activity and Use Limitation Opinion, the parcel of land is zoned “Central
Business”, which permits commercial and residential uses.
Background
This AUL is being prepared for the Portion of the Property located along Old South Street in
downtown Northampton.The Portion of the Property subject to this AUL is situated along th e
eastern side of Old South Street,directly across from the former Northampton Gas Light
Company manufactured gas plant (MGP), which is described further in the following sections.
MGP residuals attributable to the release identified by the Massachusetts Department of
Environmental Protection (MassDEP) as Release Tracking Number (RTN) 1-14222 have been
identified within subsurface soils (i.e., greater than 14 feet below ground surface [ft bgs])
beneath the Portion of the Property
The Portion of the Prope rty on which this AUL is being implemented is currently utilized as an
asphalt-paved parking lot, hereinafter referred to as the “Old South Street Parking Lot” (OSSPL).
The parcel of land was formerly occupied by the Kimball & Cary Co. coal and wood facility.
Three large coal pockets or bins (wood structures used for the storage and transfer of coal) were
located in this area adjacent to the New York, New Haven and Hartford Railroad tracks since at
least 1884 through the 1950’s.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 beginning at a point approximately one-half mile west of the former MGP , and its
former channel was filled in from that point to the eastern edge of the Old South Street Parking
Lot. The former river channel was approximately 30 feet in width.
Disposal Site History
In 2001, a release of oil and hazardous materials (OHM) was identified at properties located to
the west of the OSSPL. The area to the west of the OSSPL is currently occupied by the
Roundhouse Parking Lot, the Roundhouse Office Building and the Pulcharski Municipal
Building,all of which were formerly occupied by the Northampton Gas Light Company’s MGP
and the company’s offices.The MGP was initially developed around 1855 ,coinciding with the
construction of the New Haven and Northampton Railroad to the immediate south, between the
MGP and the Mill River. Much of the part of the Disposal Site (“the Site”) where the release(s)
of OHM occurred was used for the manufacturing, storage,and distribution of coal, water, and
oil gas. Gas production was discontinued in 1951.Most of the gas manufacturing structures
formerly present were demolished in 1962.The property occupied by the MGP and its remaining
structures were donated to the City in 1973.
Environmental assessments have been conducted at the Site since 2001 in accordance with the
requirements of the Massachusetts Contingency Plan (MCP).Bay State Gas Company
conducted all the MCP required assessment and remediation conducted at the Site.The Phase II
Comprehensive Site Assessment resulted in a detailed conceptual site model for the 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.Tar and oily
MGP residuals also were likely released from containers or through foundations into the
subsurface.The o ily 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 10 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.This is the likely mechanism by which the residuals came to be
located beneath the OSSPL.Some MGP constituents have dissolved in groundwater and have
migrated advectively with the natural groundwater flow.[Note: The “MCP” is the
Commonwealth of Massachusetts’ code of regulations (310 CMR 40.0000) for the notification,
assessment and cleanup of disposal sites where a release of Oil or Hazardous Materials has
been detected.]
Reason for Activity and Use Limitation
The majority of soils beneath the OSSPL between the ground surface and approximately 20 feet
below ground surface (ft bgs) consist of historic fill materials, with a confining clay layer located
beneath the fill soils at depths ranging from 20 to 35 ft bgs.Since the elevation of the railroad
bed was at least as high as the current grade, it is reasonable to infer that these fill materials
coincide with or pre-date the construction of the railroad. The fills elsewhere on the OSSPL
presumably predate the construction of the coal and wood facility.Oily MGP residuals
attributable to the S ite are located at depth (i.e.,approximately 14 ft bgs) beneath the Portion of
the Property subject to the AUL.As described in detail in the Phase II report, MGP residuals
exist at depths greater than 15 ft bgs in some other portions of the OSSPL.
Average depth to groundwater beneath the OSSPL ranges from 12 ft to 16 ft bgs.As previously
discussed, the mechanism of deposition of the oily MGP materials currently located beneath
these historic fill soils either occurred through lateral migration from the MGP along the upper
surface of the clay layer or through advective migration with the natural groundwater flow.Soils
located between the ground surface and the high water table (which consist primarily of historic
fill materials) are not included in the D isposal Site as these soils have not been impacted by the
release associated with RTN 1-14222.As such, the high water table has been designated as the
marker for the bottom of the protective barrier that will be required to li mit potential exposures
to MGP residuals through the implementation of an AUL.
To limit future potential exposures on the Portion of the Property subject to the AUL (see Exhibit
A-1)certain activity and use restrictions will be placed on the Portion of t he Property.
Specifically, this AUL will prevent exposures of certain receptors (i.e. children, trespassers,site
workers and 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 fill, 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. However, 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 in the absence of an AUL.Implementation of this AUL will limit future potential
exposures to MGP residuals that are present at the Portion of the Property at depths greater than
12 ft bgs, which is also below the typical water table elevation.[Note: The MCP allows a risk
characterization for a disposal site to be performed by one of three methods: Method 1, which
involves a comparison of soil and groundwater contaminant concentration measured at a site to
existing numerical standards; Method 2, which involves comparison of soil and groundwater
contaminant levels measured at a site to more site-specific numerical standards derived for a
particular site; and Method 3, which involves a quantification of total site risk considering on-
site receptors, assumed exposure scenarios, and contaminant levels measured at the site.]
1.Permitted Activities and Uses
The following activities and uses are permitted at the Portion of the Property:
(i) Use or development of the Portion of the Property as an industrial, commercial, or
retail property, or use or development of the Portion of the Property for vehicular
parking, vehicular traffic, bicycle path, pedestrian, or other activities and uses which
would not compromise the structural integrity of any existing or any replacement surface
barrier (as defined in Paragraph 1 (ii) below) and/or allow direct contact with MGP-
contaminated subsurface soil greater than twelve (12) feet bgs;
(ii) Use of the Portion of the Property as a residence, school,daycare, nursery,
playground, recreational area, etc. where a child is likely to be present, provided that
access to subsurface (greater than twelve (12) ft bgs) soils is prevented through the use
of a barrier to direct contact on the Portion of the Property. This barrier would consist of
a minimum of three (3) feet of unimpacted soils (which may have but does not rely on,
other surface materials such as landscaping, concrete or brickwork sidewalk, bituminous
pavement, etc.);
(iii) Excavation and/or removal of soils within twelve feet of ground surface associated
with maintenance or repair of subsurface utilities, building foundations, or similar
structures provided that after excavation, a minimum of three (3) of unimpacted soils or
other engineered barrier is present over the potentially-MGP-contaminated soil;
(iv) Excavation and/or removal of potentially MGP-contaminated subsurface soils
(greater than twelve (12) feet below ground surface and associated handling and
processing (e.g. size reduction, etc.)) associated with limited short-term (three months or
less) construction work, provided that it is conducted in accordance with the
performance standards of the MCP. Potentially MGP-contaminated soils are located
directly beneath a twelve (12) foot thick layer of historic fill and soil. Such activities
must be conducted in accordance with the performance standards set forth by the MCP
and conducted under the direction of a Licensed Site Professional (LSP). [Note: An LSP
is a person that the Commonwealth of Massachusetts has determined has the appropriate
education and experience to manage the assessment and remediation of sites pursuant to
the MCP without the direct oversight of the Massachusetts Department of Environmental
Protection (MassDEP)]. Excavation activities must be conducted in accordance with the
Soil Management Procedures pursuant to 310 CMR 40.0030, and/or all applicable
worker health and safety practices pursuant to 310 CMR 40.0018, and must ensure
prompt repair/replacement of a barrier immediately following the completion of the
project;
(v) Maintenance activities related to the repair, resurfacing and/or replacement of
pavement, parking lots, sidewalks, bicycle paths, and driveways, provided that such
activities do not result in contact with potentially MGP-contaminated soils. Potentially
contaminated soils are located immediately beneath a twelve (12) foot thick layer of
historic fill and soil. Maintenance activities are allowed provided they do not extend
below these depths or compromise contaminated soil located beneath these depths and
provided that the barrier is replaced;
(vi) Landscape activities, including lawn mowing, mulching, and/or planting of flowers
and shrubs that do not result in disturbance or direct contact with existing potentially
MGP-contaminated soil that is located at a depth of over twelve (12) feet below the
ground surface and provided that the barrier is replaced;
(vii) Activities and uses which are not identified by this Notice as being inconsistent
with maintaining a condition of No Significant Risk; and
(viii) Such other activities and uses which, in the Opinion of an LSP, 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.
2.Activities and Uses Inconsistent with the AUL Opinion.
Activities and uses which are inconsistent with the assumptions of the Risk Characterization, and
which, if implemented at the Portion of the Property, may result in a significant risk of harm to
human health, safety, public welfare, or the environment are as follows:
(i) Except as provided in Paragraphs 1(v) or 1(vi) above, activities and/or uses which
involve the removal and/or disturbance of the barrier on the Portion of the Property
and/or the disturbance of the MGP-contaminated soil located at a depth of twelve (12)
feet below ground surface without prior development of a Soil Management Plan and a
Health and Safety Plan in accordance with Obligations (i) and (ii) of Paragraph 3 below;
(ii) Relocation of the MGP-contaminated soil from beneath the barrier on the Portion of
the Property, unless an LSP renders an Opinion which states that such relocation is
consistent with maintaining a condition of No Significant Risk;
(iii) Activities and/or uses which cause physical or chemical deterioration, breakage, or
structural damage to the barrier, unless the barrier is replaced immediately following
such activities as allowed under Paragraphs 1 (iv), 1 (v), and 1 (vi) above;
(iv) Use of soils at the Portion of the Property for the cultivation of fruits and vegetables
intended for human consumption;
(v) Any activity, including, but not limited to, grading or excavation, which involves
disturbance, relocation and/or removal of soil from the Portion of the Property, without
the prior development and implementation of a Soil Management Plan and Health and
Safety Plan in accordance with Obligations (i) and (ii) of Paragraph 3 below, and
restoration of the barrier as described in Obligation (iii) of Paragraph 3 below; and
(vi) Activities and/or uses that may decrease the thickness of the barrier in areas of the
Portion of the Property except as allowed in sections 1(v) and 1 (vi) above.
3.Obligations and Conditions Set Forth in the AUL Opinion.
If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of
the Property to maintain a condition of No Significant Risk as set forth in this AUL Opinion shall
include the following:
(i) A Soil Management Plan must be prepared by an LSP and implemented prior to the
commencement of any activity that will disturb the MGP-contaminated soil located
twelve (12) feet below ground surface.The Soil Management Plan must be prepared by
an LSP and implemented prior to the commencement of any activity at the Portion of the
Property that involves the disturbance, excavation and/or removal of OHM-impacted
soil, with the exceptions described in Paragraph 1 above.The Soil Management Plan
should describe appropriate soil excavation, handling, storage, transport, and disposal
procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et
seq. and appropriate groundwater handling, storage, and disposal procedures in
accordance with the provision of the MCP cited at 310 CMR 40.0040 et seq.The Soil
Management Plan should include a description of the engineering controls and
environmental monitoring procedures, if any, necessary to ensure that workers and
receptors in the vicinity are not affected by fugitive dust or particulates from the Portion
of the Property.On-site workers must be informed of the requirements of the Soil
Management Plan, and the plan must be available on-site throughout the course of the
project; and;
(ii) A Health and Safety Plan pursuant to 310 CMR 40.0018,must be prepared by a
certified Industrial Hygienist or other qualified individual sufficiently trained in worker
health and safety requirements and implemented prior to the commencement of any
activity at the Portion of the Property which involves the disturbance, excavation and/or
removal of OHM-impacted soil, with the exceptions described in Paragraph 1 above. The
Health and Safety Plan should specify the type of personal protection (i.e., clothing,
respirators), engineering controls, and environmental monitoring (if any) necessary to
prevent worker exposures to OHM-impacted soil.Workers must be informed of the
requirements of the Health and Safety Plan, and the plan must be available on-site
throughout the course of the project;
(iii) The barrier within the Portion of the Property must be reasonably maintained,
repaired and/or replaced with a comparable barrier to prevent future exposures to
underlying MGP-contaminated soil immediately following the completion of any activity
which involves its removal and/or disturbance;
(iv) The barrier must be maintained within the Portion of the Property to ensure that the
MGP-contaminated soil located twelve (12) feet below ground surface remains
inaccessible;
(v) Semi-annual inspecti ons and associated record-keeping activities must be performed
to confirm that the barrier is being properly maintained to prevent exposure(s) to MGP-
contaminated soil located beneath the barrier ;
(vii) Response actions must be conducted in accordance with the Massachusetts
Contingency Plan, 310 CMR 40.0000, should an LSP Opinion rendered pursuant to
Obligation (i) conclude that future Property uses and activities, including exposures
associated with future building construction, are inconsistent with maintaining a
condition of No Significant Risk.
LSP Signature
The Activity and Use Limitation Opinion presented herein was prepared on MONTH DAY,
YEAR by:
LSP SIGNATURE