Loading...
17D-071 (3) The foregoing is a true copy of the record in Book, Pabe--L�, of the Hampshire County Registry of Deeds. Date 40 -ATTEST: REGIUSTER ` t 5 R , 1 Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY& USE LIMITATION (AUL) OPINION FORM _ 00524 Pursuant to 310 CMR 40.1070-40.1084(Subpart J) C. LSP OPINION: (continued) ` LSP Name: Evan T. Johnson LSP#: 6135 Stamp: q�`� �f M-4X 413-562-1600 !'� 254 Z yG Telephone �- , Ext.: � EVAN T. FAX: 413-562- o JOHNSON e No.6135 LSP Signature: �l� t � �� FC STERE�S��r c�3 , 7� 5 ��SITE PROEMS Date: d° f��'i'! e 0 YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. t Revised 5/8/95 Do Not After This ��Form Page 2 of 2 .ATTEST. HAMPSHIRE ft , A4—�, EGISTER MARTANM L. 1>=En S1 � zP ; a R 1 Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY& USE LIMITATION (AUL) OPINION FORM Pursuant to 310 CMR 40.1070-40.1084(Subpart 1:1 J) - 0 0524 COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Site Name: Verona Street Landfill 39 Verona Street Street: Location City/Town: Northampton ZIP Code: 01060 Address of property subject to AUL,if different than above. Street: City/Town: ZIP Code: B. THIS FORM IS BEING USED TO: (check one) Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections ofthis form). Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4) (complete all sections ofthis form). ❑ Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of this form). Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3) (complete all sections of this form). Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections ofthis form). C. LSP OPINION: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal,including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge, > if Section B indicates that a Notice of Activity and Use Limitation is being registered andlor recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(ii) complies with 310 CMR 40.1074(1)(b); > if Section B indicates that an Amended Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L,c.21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1080(1)and 40.1081(1); > if Section B indicates that a Termination of a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject ofthis submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1083(3)(a); > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(ii) complies with 310 CMR 40.1071(1)(b); > if Section B indicates that an Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(!)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1080(1)and 40.1081(1); > if Section B indicates that a Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject ofthis submittal(i)is being provided in accordance with the applicable provisions of M.G.L.C.21E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1083(3)(a). 1 am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know to be false,inaccurate or materially incomplete. Check here if the Response Action(s)on which this opinion is based,if any,are(were)subject to any order(s),permit(s)and/or approval(s) issued by DEP or EPA. If the box is checked,you MUST.attach a statement identifying the applicable provisions thereof. SECTION C IS CONTINUED ON THE NEXT PAGE. Revised 5/8/95 Do Not Alter This Form Page 1 of 2 U �J- U CITY OF NORTHAMPTON MASSACHUSETTS May 1, 2003 "uncily ......:7---� Upon the recommendation of Mayor Mary Clare Higgins ...................... ............................ ............ ............... ........................ ......................... ............... RESOLUTION Be it resolved that the city of Northampton authorizes the Mayor to sign.the enclosed deed restriction which is a NOTICE OF ACTIVITY AND USE LIMITATION (hereinafter referred to as the Notice of AUL) in accordance with the provisions of M.G.L. chapter 21 E, Sec.6 and 310 CMR 40.0000 for property owned by the City of Northampton and known as the Verona Street Landfill located at 39 Verona Street, Florence, as shown on Exhibit B or the attached Notice of AUL. In City Council, may 1 , 2 0 0 3 Rul6s suspended, passed two readings and enrolled, Attest City Clerk Approved.-, Mary Clare Higgins, Mayor A true copy. ,;hest: w City Clerk PC K. Corrective actions must be taken to remediate and/or mitigate conditions that would compromise the integrity and purpose of the modified landfill capping system; and iii. Repair of any significant settlement or erosion of the capping system with similar materials, as necessary. LSP Certifications LSP assuming responsibility for Activity and Use Limitation Statement: Evan T. Johnson, P.E. I attest that I have personally examined and am familiar with the information on which this AUL Opinion is based and in my professional judgment, this AUL Opinion complies with the requirements for said opinions established under 310 CMR 40.1074(1)(b). The AUL Opinion Form is attached hereto as Exhibit C., Signature: � � L Seal: �tY� of MgsJ, Date: zo F '3 a wart N r � T. o JOHNS0rt License Number: 6135 No.a1 3s Q s T F�SITE PROF-S B ! 0 G Reason # f Reason for AUL An AUL was implemented because the risk characterization is based on elimination of certain exposure pathways for the characterization of harm to human health, and because the risk characterization relies on limited future site uses to maintain that reduced exposure potential. Permitted Activities and Uses Set Forth in the AUL Opinion The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time pursuant to 310 CMR 40.0000 so long as any of the following activities and uses occur in the Portion of Property: i. Activities that will not compromise the integrity or functionality of the modified landfill capping system within the AUL area; and ii. Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. Activities and Uses Inconsistent with the AUL Opinion Activities and uses which are inconsistent with the objectives of the AUL Notice, and which, if implemented in the Portion of Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: i. Activities that will promote erosion or excessive/differential settlement of the modified landfill capping system within the AUL area; ii. Any planting of vegetation that will compromise the integrity of the modified landfill capping system via root infiltration.within the AUL area; iii. Any construction or use of subsurface wastewater disposal systems or underground injection wells within, below, or adjacent to the AUL area; and iv. Any other activity that will adversely affect the integrity or functionality of the modified landfill capping system within the AUL area. Obligations and Conditions Set Forth in the AUL Opinion The obligations and/or conditions to be undertaken and/or maintained in the Portion of Property to maintain a condition of No Significant Risk as set forth in this AUL Opinion shall include the following: i. Post-construction monitoring and maintenance of the modified landfill capping system must occur on an annual basis until the modified capping system is no longer required at the site to maintain a condition of No Significant Risk. The findings from these annual inspections must be reported to Massachusetts Department of Environmental Protection in written form; and i Exhibit 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 for a portion of a parcel located at 39 Verona Street, Northampton, Hampshire County, Massachusetts. The subject property is currently owned by the City of Northampton and is currently vacant. A portion of the property ("Portion of Property") is subject to the AUL Notice. The disposal site is identified as Release Tracking Number (RTN) 1-00524. Site History Historical research indicates that the former Verona Street landfill operated as a stone quarry beginning in the early 1890s. In 1943, after stone quarrying operations ceased, the site was authorized by the City of Northampton to operate as a burning dump. The types of refuse disposed.at the burning dump were typical household rubbish in addition to commercial and industrial waste from local businesses. Wastes were disposed at the site between 1943 and 1957, the year the landfill ceased operation. A residential structure was constructed on a portion of the site sometime after 1957. The structure was located on the landfill parcel, but did not encroach upon the former waste disposal area. The City of Northampton purchased the site property in June 1995 and had the residential structure and an accompanying garage demolished and removed from the site in the fall of 1998. The former landfill site was first listed as a Location to be Investigated (LTBI) on April 15, 1989 following the detection of elevated levels of metals in site soils. On October 1, 1993, the DEP listed the former landfill as a Confirmed Disposal Site (#1-00524). A Phase II Comprehensive Site Assessment was completed for the former landfill in October 1999. The Phase II investigation included test pit excavation to delineate landfill refuse, the installation of soil gas points and additional site monitoring wells, and the collection of soil (surficial and subsurface), groundwater, and sediment samples. In summary, the findings from the Phase 11 investigation indicated,that a condition of "No Significant Risk of Harm to Health" did not exist at the site due to the detection of several metals, polynuclear aromatic hydrocarbons (PAHs) and polychlorinated biphenyls (PCBs) above the applicable Massachusetts Contingency Plan (MCP) standards. The elevated concentrations of these contaminants were detected in soils located within the refuse-area and the "smeared refuse" that was encountered along the perimeter of the former landfill. The Phase I1 risk assessment, however, indicated that there was no impact to site groundwater and no environmental impact beyond the refuse disposal area. As part of site closure, a modified landfill capping system was installed at the site in general accordance with a Phase IV Remedial Implementation Plan. Using a Method 3 Risk Characterization, the capping of the former landfill has eliminated the potential risk of harm to health has been eliminated under current site conditions. However, an AUL must be implemented to maintain a condition of No Significant Risk for future site conditions and to allow for site closure with a Class A-3 Response Action Outcome (RAO). BK 0 1- 2 0 5 PG 1 1 , I � � LIMITS OF CAP ';_ i 4 t €�cl IE AUL AREA/DISPOSAL SITE " \ RAO BOUNDARY i LEGEND AREA OF BEDROCK EXPOSURE R EXISTING PROPERTY LINE EXHIBIT B AUL AREA, DISPOSAL SITE SITE SKETCH AND RAO BOUNDARY AS-BUILT CAP VERONA STREET LANDFILL 39 VERONA STREET • STONE BOUND FOUND NORTHAMPTON, MASSACHUSETTS RTN: 1-00524 • IRON PIN FOUND TIGHE & BOND INC. CONSULTING ENGINEERS WESTFIELD, MASSACHUSETTS IRON PIN SCALE. 1' = 60' DATE: MAY 20, 2002 N0228\AUL SKETCH PLAN BKI 1.2 0 5 P i s 1 1 , thence S 58°-19'-34" W a distance of 76.53' to a point; thence S 781-12'-00" W a distance of 12.62' to the point and place of beginning; and containing 0.90 Acres. J:WN0228\AUL\Exhibit-Al.doc 0 205PU' 1 3 EXHIBIT A-1 City of Northampton Verona Street Landfill Activity and Use Limitation Description The land in Northampton, Hampshire County, Massachusetts, as shown on a plan called "Activity And Use Limitation Plan, for the Verona Street Landfill, dated May 14, 2003 and prepared by Tighe & Bond, Consulting Engineers, Westfield Massachusetts, Scale 1" = 30"' recorded in Hampshire County Registry of Deeds, said parcel being bound and described as follows: Commencing at an iron pin located along the southerly property line of land now or formerly the City of Northampton, said point being the Northeasterly corner of land now or formerly of Michael J. O'Conner and Anne M. Lucey as shown on the above'referenced plan; thence N 76°-12'-05" W a distance of 53.49' to a point; thence N 13°-47'-55" E along a tie course, a distance of 128.35' to the point of beginning; thence N 66°-55'-40" W a distance of 92.24' to a point; thence N 48°-04'-21" W a distance of 79.29' to a point; thence N 37-05'-58" W a distance of 65.77' to a point; thence N 13°-15'-31" W a distance of 53.02' to a point; thence N 38°-09'-54" E a distance of 46.77' to a point; thence N 62°-57'-45" E a distance of 53.57' to a point; thence N 82°-31'-22" E a distance of 30.38' to a point; thence S 66°-36'-24" E a distance of 53.88' to a point; thence S 34°-11'-10" E a distance of 92.19' to a point; thence S 15°-21'-52" W a distance of 62.56' to a point; thence S 41°-23'-06". E a distance of 29.15' to a point; thence N 84°-41'-51" E a distance of 39.83' to a point; thence S 49°-28'-30" E a distance of 31.29' to a point; thence S 02°-52'-03" W a distance of 19.02' to a point; 1 ' 0 5 P 6 f i2 partly by each, a distance of 204.35' to an iron pin in the easterly sideline of said Verona Street; thence N 13°-41'-40" E along the easterly sideline of Verona Street a distance of 2.46' to a stone bound; thence N 77°-31'-20" W along the northerly line of Verona Street a distance of 20.01' to the point and place of beginning; and containing 5.40 acres. Parcel No. 2: Beginning at an iron pin in the northerly line of Verona Street said point being N 77°-31'-20" W a distance of 20.01' from the stone bound which marks the Northeasterly corner of Verona Street, on the northerly line of Verona Street; thence continuing N 77-31'-20" W along the northerly end of Verona Street and land now or formerly of said Peter Aloisi, a distance of 120.00' to an iron pin; thence N 12°-28'-40" E along Parcel 1, a distance of 60.00' to an iron pin; thence S 77°-31'-20" E along Parcel 1, a distance of 100.00' to an iron pin; thence S•05°-57'-50" E along Parcel 1, a distance of 63.24' to an iron pin at the point and place of beginning; and containing 0.15 acres. J:V\T\N0228\AUL\Exhibit A.doc 1 Y EK0 ? 5pu f EDIT A City of Northampton Verona Street Landfill Property Description The land in Northampton, Hampshire County, Massachusetts, as shown on a plan called "Plan Of Land In Northampton, Massachusetts, Belonging to Emma M. Handfield, Scale 1" = 40', dated July 17, 1959 and prepared by the Davis Engineering Co." recorded in Hampshire County Registry of Deeds, Plan Book 58, Page 10, said parcels being bound and described as follows: Parcel No. 1: Beginning at an iron pin in the northerly line of Verona Street at the southeasterly corner.of Parcel 2 on said above-referenced plan of land, situated at the northerly end of Verona Street; thence N 05°-57'-50" W along the Easterly side of Parcel 2, a distance of 63.24' to an iron pin; thence N 770-3l'-20" W along the Northerly side of Parcel 2, a distance of 100.00' to an iron pin; thence S 12°-28'-40" W along the Westerly side of Parcel 2, a distance of 60.00' to an iron pin at land now or formerly of Peter Aloisi, thence N 77-31'-20" W along land of said Peter Aloisi, a distance of 306.86' to a concrete bound, at land now or formerly Joanne Montgomery, said point being the southeast corner of the parcel herein described. thence N 14°-15'-30" E along land of said Joanne Montgomery, land now or formerly of Anthony W. and Anna P. Patrick, land now or formerly of Lewis J. and Florence R. Kmetz, land now or formerly of Christine Douglas, land now or formerly John D. and Theresa M. Collins and land now or formerly of Warren D. and Irene T. Jones, a distance of 315.00' to an iron pin, said point being at the northwest corner of the parcel herein described; thence N 840-09'-15" E along land now or formerly William A. and Sydney C. Letendre a distance of 553.83' to an iron pin, said point being the northeast corner of the parcel herein described; thence S 00°-38'-10" E .along land now or formerly of the Northampton Meadowbrook Associates a distance of 509.42' to an iron pin, said point being in the southeasterly corner of the parcel being described; thence N 76°-12'-05" W along land now or formerly Francis E. and Bertha Barnes, and land now or formerly Michael J. O'Connor and Anne M. Lucey, BKPj 10rG' 111 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent witht e terms set forth in said Activity and Use Limitation Opinion. f fJ� l Date::, n �L _`'�i� ''--�- Evan T. Johnson, P.E., LSP Tighe&B LSP 96 ��H 0 Mqs��� EVAN y� T. o JOHNSON -` No.6136 L' O S T ERti' F� S SITE PRO COMMONWEALTH OF MASSACHUSETTS ss .Ili ( 2003 Then personally appeared the above named Evan T.Johnsoryand7 cknowledged the foregoing instrument to be his free act a tided before " Nota Public: My Commission Expires:g4lk5l 7 Upon recording, return to: Mayor Mary Clare Higgins 210 Main Street Northampton MA 01060 pp i Owner hereby authorizes and consents to t ie g?n odlt�ngand/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). Signatory authority documentation for City of Northampton is attached hereto as Exhibit D. WITNESS the execution hereof under seal this ( day of May, 2003. City of N rthampton By: f; Mayor Mary Clare Higgins`/ 1 City of Northarfipton COMMONWEALTH OF MASSACHUSETTS 94? P51 fl ss Art"'1 /� 2003 Then personally appeared the above-named Mayor Mary Clare Higgins and acknowledged the foregoing instrument to be her free act and deed before me, Notary Public: My Commission Expires: � � f reported to Massachusetts Department of Environmental Protection in written form; (ii) Corrective actions must be taken to remediate and/or mitigate conditions that would compromise the integrity and purpose ofthe modified landfill capping system; and (iii)Repair of any significant settlement or erosion ofthe capping system with similar materials, as necessary. 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 proposed changes will present a significant risk of harm to health, safety,public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk 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 an LSP in accordance with 310 CMR 40.1080 etseq., and without additional response actions,if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. 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 an LSP in accordance with 310 CMR 40.1080 et seq.,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 thereofis conveyed. and made a part hereof); BK 0 12 0 5 PEG I b I NOW, THEREFORE,notice is hereby given that the activity and use limitations set forth in said ALL Opinion are as follows: 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety,public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any.of the following activities and uses occur on the Portion of the Property: (i) Activities that will not compromise the integrity or functionality of the modified landfill capping system within the AUL area; and (ii) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. 2. Activities and Uses Inconsistent with the ALL Opinion. 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,may result in a significant risk of harm to health, safety,public welfare or the environment or in a substantial hazard, are as follows: (i)Activities that will promote erosion or excessive/differential settlement of the modified landfill capping system within the AUL area; (ii) Any planting of vegetation that will compromise the integrity ofthe modified landfill cdpping system via root infiltration within the ALL area; (iii)Any construction or use of subsurface wastewater disposal systems or underground injection wells within,below, or adjacent to the ALL area;and (iv)Any other activity that will adversely affect the integrity or functionality of the modified landfill capping system within the AUL area. 3. Obligations and Conditions Set Forth in the ALL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition ofNo Significant Risk as set forth in the ALL Opinion shall include the following: (i):Post-construction monitoring and maintenance of the modified landfill capping system must occur on an annual basis until the modified capping system is no-longer required at the site to maintain a condition of No Significant Risk. The findings from these annual inspections must be ►iii ► Bk: 7205Pg: 166 Page: 1 of 16 Form 1075 Recorded: 05/2012003 10:36 AM NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. C. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: (Former) Verona Street Landfill DEP Release Tracking No.(s): 1-00524 This Notice of Activity and Use Limitation("Notice")is made as of this 19 h day of May, 2003, by the City of Northampton, 210 Main Street, Northampton, Hampshire County, Massachusetts 01060 together with their successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, the City of Northampton of Hampshire County, Massachusetts is the owner in fee simple of those certain parcels of vacant land located at 39 Verona Street in the City of Northampton, Hampshire County, Massachusetts pursuant to a deed recorded with the Hampshire County Registry of Deeds in Book 4685, Page 81; WHEREAS, said parcels 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 and Use Limitation. The Property is shown on a plan recorded in the Hampshire County Registry of Deeds in Plan Book 58, Plans 10 and 11; WHEREAS, a portion of the Property('Portion of the Property")is subject to 00 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 apart hereof. The Portion of the Property is shown on a plan recorded with the Hampshire County Registry ofDeeds in Plan Book i �j �C , Plan ; 0 Z 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 CAM 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 (b) the restriction of certain activities occurring in, on, through, over or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion"), dated May 20, 2003 (which is attached hereto as Exhibit C and NOTICE OF ACTIVITY AND USE LIMITATION (Former) Verona Street Landfill 39 Verona Street Northampton, Massachusetts DEP Release Tracking Number: 1-00524 Pursuant to the Massachusetts Contingency Plan (310 CMR 40.1070), a NOTICE OF ACTIVITY AND USE LIMITATION on the above disposal site has been recorded and/or registered with the Hampshire County Registry of Deeds on May 20, 2003. The NOTICE OF ACTIVITY AND USE LIMITATION will limit the following site activities and uses on the restricted area of the above property: • Activities that will promote erosion or excessive/differential settlement of the modified landfill capping system within the AUL area; • Any planting of vegetation that will compromise the integrity of the modified landfill capping system via root infiltration within the AUL area; • Any construction or use of subsurface wastewater disposal systems or underground injection wells within, below, or adjacent to the AUL area; and • Any other activity that will adversely affect the integrity or functionality of the modified landfill capping system within the AUL area. Any person interested in obtaining additional information or reviewing the NOTICE OF ACTIVITY AND USE LIMITATION and the disposal site file may contact Evan Johnson, P.E., LSP of Tighe & Bond, 53 Southampton Road, Westfield, Massachusetts at (413) 572-3254. Tighe&Bond. Consultin g Engineers 9 Environmental Specialists The complete Response Action Outcome report is available for public review and copying at the Western .Regional office of the Massachusetts DEP at 436 Dwight Street in Springfield. For more information about file review, please contact the file review coordinator at (413) 755=2268. If you have any, questions or comments relative to this correspondence, please'contact the undersigned at (413) 562-1600: Very truly yours, T &BO D IN Jam_ Evan T.�Johnson;'P.E., LSP Vice President: J:\N\N0228\PhaseIV1AUL-RAO\ ' public-notification.doe. Copy Northampton Board Hof Health •' - Northampton Buildiog_Department Northamptoin.Zoning Department" DEP WERO - 2 original punted on recycled paper. /70 iglhe&Bond Consulting Engineers Environmental Specialists N-228-4-65 May 20, 2003 Ms. Mary,Clare Higgins,Mayor . ":,aY 7 ? 2003 Northampton City Hall 210 Main Street Northampton; MA '01060 Re: AUL and RAO Statement. Verona Street Landfill 39 Verona Street; Northampton;MA` RTN 1-00524 Dear Mayor Higgins In accordance with the,Public Notification Procedures of the Massachusetts Contingency, Plan (NICP) 3,10 ,.CMR 40.1403, we are hereby notifying you of submittal to_-the, Massachusetts I Department of Environmental Protection (DEP) of an Activity and Use Limitation (AUL) and- Response Action Outcome (RAO), for the above-referenced site. A Release Tracking Number` . (RTN),of 1-00524 was issued to the former landfill- in April 1989 for the release of elevated concentrations of metals to site soils : `As you are aware,a modified'landf ll capping system was installed at the site as part of site reinediation.` With the implementation of the AUL to maintain a condition of No Significant Risk, 'a Class A=3 RAO. applies to'the site. This Class A-3 d'epends upon'the AUL whichhas been, implemented' and.will be maintained for. 'a portion of the- property" 'where,, limited l contamination remains in soil"s beneath the landfill capping system. The implementation of the A U L achieves a condition -f No Significant Risk of harm to health, public wel'fare,.safety.,and_ the environment. - The AUL was recorded with the Hampshire County Registry of Deeds`on, May 20.,-,,2003 as required by the',MCP: A�copy of the recorded AUL',is enclosed., . The" attached legal notice is'to b&ixiblished in the Daily Hampshire Gazette_, . 1 i - I f 53 Southampton Road, Westfield, MA 01085 :Tel.413-562-1600 Fax. 413-562-531.7_ j Offices: Bellows Falls, VT, Middletown, CT Norwalk, CT, and Worcester, MA Original punted on recycled paper.