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32A-132 (7) EnvironmentalSafe,tyflealthGe,otechnical. 293 Bridge Street O'Reilly, & Okun 4--4000=30 3 Suite 500 A S S 0 C I A T E S I 1—ool Springfield,MA 01103 Tel 413 788 6222 PFax 413 788 8830 J0281-01-05 Email office@oto-env.com July 29,2003 Building Code Enforcement 212 Main Street Northampton,Massachusetts 01060 Attention: Mr.Anthony Patillo Re: 19 King Street Northampton,Massachusetts Release Tracking No. 1-10539 Dear Mr.PatillO: Attached is a copy of the Activity and Use Lin-dtations for the above referenced site which hhe been filed with Massachusetts Deptment of Environmental Protection and a copyof Legal Notice to be published in the Daily Hampshire Gazette. If you have any questions in this matter,please contact the undersigned. Very truly yours, O'Reilly,Talbot&Okun (L -9 illy Kevin J. e JUL 3 1 2003 DEPT OF BUILDING INSPECTIONS N00 1wiP!ON,YA 01060 c: NIADEP Board of Health Mayor Clare-Higgins Wayne Fieden-Planning official Eric Suher EnvironrraentalSafetyHealthGeotechni c a T O'Reilly, Talbot & Okun 4—4KMOTyrrab 293 Bridge Street [ A S S O C I A T E S ] 1 Suite 500 Springfield, MA 01103 Tel 413 788 6222 J0281-01-05 Fax 413 788 8830 July 29, 2003 Email office@oto-env.com Planning Official 212 Main Street Northampton,Massachusetts 01060 Attention: Mr. Wayne Fieden Re: 19 King Street Northampton,Massachusetts Release Tracking No. 1-10539 Dear Mr. Fielden: Attached is a copy of the Activity and Use Limitations for the above referenced site which has been filed with Massachusetts Department of Environmental Protection and a copy of the Legal Notice to be published in the Daily Hampshire Gazette. If you have any questions in this matter,please contact the undersigned. Very truly yours, O'Reilly,Talbot& Okun U � Kein �'Re;lly c: Iv1ADEP Board of Health Mayor Clare-Higgins Anthony Patillo-Building Code Enforcement Eric Suher i EnvironMi entalSafetyHealthGeoteehn iea T i O'Reilly, Talbot & Olcun 293 Bridge Street [ A S S O C I A T E S ] 1 Suite 500 Springfield, MA 01103 Tel 413 788 6222 J0281-01-05 Fax 413 788 8830 July 29,2003 Email office@oto-env.com Office of the Mayor 210 blain Street,Room 12 Northampton,Massachusetts 01060 Attention: Mayor Mary Clare-Higgins Re: 19 King Street Northampton,Massachusetts Release Tracking No. 1-10539 Dear Mayor Clare-Higgins: Attached is a copy of the Activity and Use Limitations for the above referenced site which has been filed with Massachusetts Department of Environmental Protection and a copy of the Legal Notice to be published in the Daily Hampshire:Gazette. If you have any questions in this matter,please contact the undersigned. Very truly yours, O'R e;lly Talbot& Okun Kevin O ellly c. IvL�,DEP Board of Health Anthony Patillo-Building Code Enforcement Wayne Fieden-Planning Official Eric Suher I I i i EnvironmentalSafetyHealthGeotechnic�1 r O'Reilly, Talbot & Okun ► 293 Bridge Street [ A S S O C I A T E S ] 1 I Suite 500 Springfield, MA 01103 Tel 413 788 6222 J0281-01-05 Fax 413 788 8830 July 29,2003 Email office@oto-env.com Northampton Board of Health 210 Main Street,Room 12 Northampton,Massachusetts 01060 Attention: Mr. Peter McErlan Re: 19 King Street Northampton,Massachusetts Release Tracking No. 1-10539 Dear 1\/Ir. McErlan: Attached is a copy of the Activity and Use Limitations for the above referenced site which has been filed with Massachusetts Department of Environmental Protection and a copy of the Legal Notice to be published in the Daily Hampshire Gazette. If you have any questions in this matter,please contact the undersigned. Very truly yours, O'Reilly,Talbot& Okun V KevinJ.Q0i11v , c: MADEP Mayor Clare-Higgins Anthony Patillo-Building Code Enforcement Wayne Fieden-Planning Official Eric Suher i i NOTICE OF AN ACTIVITY AND USE LIMITATION 19 KING STREET AND 21-31 MAIN STREET NORTHAMPTON, MASSACHUSETTS RELEASE TRACKING NO. 1-10539 Pursuant to the Massachusetts Contingency Plan(310 C)vIR 40.1073),a NOTICE OF ACTIVITY AND USE LIMITATION on the above disposal site has been recorded for each of the referenced properties with the Hampshire County Registry of Deed on August 6,2001,in Book 6316,Page 98,and Book 6316, Page 115. The Notice of Activity and Use Limitation will limit the following site activities and uses on the above property: i.) Excavations greater than four feet deep within the AUL area and outside of the site building; ii.) Use of the AUL area for a School or Dax Care Center and; iii.) Amendment,release or termination of Activity and Use Limitation without the written approval of an LSP. Any person interested in obtaining information or reviewing the NOTICE OF ACTIVITY AND USE LIMITATION and the disposal site file may contact ,Kevin J. O'Reillywith O'Reilly, Talbot and Okun Associates,Inc. at 413-788-6222. Doc; 992119149 OR /6316/0098i �✓ U 08/06/21 IS;(52 Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L.c.21E, §6 and 310 CMR 40.0000 Disposal Site Name:Calvin Theater DEP Release Tracking No.: 1-10539 This Notice of Activity and Use Limitation("Notice")is made as of this 20`h day of December,2000 by Northampton Investments If,LLC of 47 Jackson Street,Holyoke, Massachusetts,its successors and assigns(collectively,the"Owner"). WITNESSETH: Z WHEREAS,Northampton Investments II,LLC of Holyoke,Hampden County, Massachusetts is the owner in fee simple of that certain parcel of land known as 19 King Street, Northampton,Hampshire County,Massachusetts with the buildings and improvements thereon pursuant to a deed recorded in the Hampshire County Registry of Deeds in Book 5530,Page 211; a ZWHEREAS,said real estate consists of Parcel One and Parcel Two,described in Exhibit A attached hereto and made a part hereof(the'Property"),Parcel Two of which Property,but not Parcel One,is subject to this Notice of Activity and Use Limitation. All or a portion of the Property is shown on a plan recorded in the Hampshire County Registry of Deeds Plan Book 5, Page 34; 1 WHEREAS,a portion of the Property(the"Portion of the Property")is more specifically subject to this Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded and described in Exhibit A-1 attached hereto and made a part hereof. The Portion of the Property is also shown as"A.U.L,Area No.I"on the plan entitled"Plan of Land in Northampton,Massachusetts,Prepared for Northampton Investments H,LLC,dated May 28, 1999",prepared by Almer Huntley,Jr.&Associates,Inc.,and recorded in the Hampshire County Registry of Deeds at Plan Book QJV,Page }; WHEREAS,the Portion of the Property comprises part of a disposal site(the"Disposal Site")as the resuit of a release of oil and/or hazardous material. Exhibit B is a sketch pian 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 lignits of the Property and to the extent such boundaries have been established. Exhibit Bis aita4ed hereto and made a part hereof;and VOT!1,(,'9)0- Doc; 992119149 OR /6316/(1099 08/06/20115152 WHEREAS,one or more response actions have been selected for the Disposal Site in accordance with NI,G.L.c.21E("Chapter 2 t E")and the Massachusetts Contingency Plan,310 CMR 40.0000 et seg. ("MCP"), Said response actions are based upon',the restriction of human access to and contact with oil and/or hazardous material in the soil and 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 April 9,2001,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 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: (a) Commercial and/or industrial activities and uses including,but not limited to, non-vegetable gardening,landscaping and routine maintenance of landscaped areas within the Portion of the Property,which do not cause and/or result in direct contact with,disturbance of,and/or relocation of,the pdtroleum contaminated soil currently located at depths greater than four feet below rade; (b) Excavation associated with short term(92 days or less)Subsurface utility and/or construction work which may be deemed necessary within the Portion of the Property,provided that it is conducted in accordance with a Soil Management Plan approved by a Licensed Site Professional("LSP")prior to the initiation of such activities; (c) Long term(greater than 92 days)subsurface activities#d/or construction including,but not limited to excavation,within the Portion of the Property,which may disturb petroleum-contaminated soil currently loca d at depths greater than four feet below surface grade,provided that they are co r ducted in accordance with a Health and Safety Plan and a Soil Management Plan approved by an LSP prior to the initiation of such activities; (d) Maintenance,repair,substitution and/or relocation of utilities,including,without limiting the same,gas meters,air conditioning units,electrical transformers and concrete"pads"utilized with such devices,provided such maintenance,repair, substitution or relocation does not cause and/or result in!direct contact with, disturbance of,and/or relocation of,the petroleum contaminated soil currently located at depths greater than four feet below grade. 75177-I 2 I Doc. 992119149 OR /5316/0100 08/06/20011$:52 (e) Activities and uses which are not prohibited by this Notice; and (f) 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 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: (a) Use of the Property as a residence,school for children,or child day-care facility; (b) Use as a high intensity recreation area,such as a playing field or playground; (c) Extraction of groundwater for any purpose other than construction(or other) dewatering conducted in accordance with a Groundwater Management Plan approved by an LSP prior to initiation of dewatering; (d) Agricultural use for the growing of food for consumption by humans or by livestock intended for human consumption; (e) Any subsurface activity including,but not limited to,excavation which may result in direct contact with,disturbance,or relocation of the petroleum contaminated soil located greater than four feet below surface grade within the Portion of the Property,which is not conducted in accordance with Obligations(a)and(b)of this Notice of AUL;and (f) Relocation of the petroleum contaminated soil currently located greater than four feet below surface grade within the designated AUL area to a shallower depth within the designated AUL area,unless such activity is first evaluated by an LSP who renders an opinion which attests that a condition of No Significant Risk is maintained,consistent with the provision of the MCP. 3. Obligations and Conditions Set Forth in the AUL Opinion. (a) A Soil Management Pian must be approved by an LSP and implemented prior to the initiation of any subsurface activity which may distutb petroleum contaminated soil located greater than four feet below surface grade within the Portion of the Property, (b) A Health and Safety Plan must be approved by an LSP and implemented prior to the initiation of any long term(greater than 92 days)sub'surface activity which may result in disturbance of petroleum contaminated soil located at depths greater 75177-1 3 Doc; 992119149 OR /6316/0101 08/06/2001 15;52 than four feet below surface grade within the Portion of the Property. The Health and Safety Plan must be prepared in accordan 310 CMR 40.0018; ce with'the requirements set forth in (c) The petroleum contaminated soil located greater than four feet below grade within the designated AUL area may not be relocated to shallower depth within the Portion of the Property, unless such activity is first appropriately evaluated by an LSP who renders an opinion which attests that such activity poses no greater risk of harm to health,safety,public welfare,or the environment and is consistent with the provisions of the MCP;and (d) A Groundwater Management Plan must be prepared by an LSP and implemented prior to extraction of groundwater for construction(or other)dewatering. 4. Proposed Changes in Activities and Uses. The Portion of the Property is currently used as a motor vehicle parking area and used as a site for utilities that service the theater. 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 sec.,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 such 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 Portion of the Property is currently used as a motor vehicle parking area and used as a site for utilities that the service the theater„ 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 et seq.,and without additional response actions,if necessary, to achieve or maintain a condition of No Significant Risk or to eliminjte substantial hazards. Except as described and permitted in Paragraph 1,if the activities,uses and/or exposures upon which this Notice is based change without the prior evaluation ar'd additional response actions determined to be necessary by an LSP in accordance with 310 C' MR 40.1080 et seq.,the owner or operator of the Portion of the Property subject to this Notice}t the time that the activities,uses and/or exposures change,shall comply with the require{nents set forth in 310 CMR 40.0020_ I 75177.1 4 Doc; 992119149 OR '/6316/0102 08/06/200115,;52 6. Incorporation Into Deeds Morteaees Leases and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, casements,mortgages,leases,licenses,occupancy agreements or any other instruments of transfer, whereby an interest in and/or a right to use the Property or a;portion thereof is conveyed. This Notice does not and shall not affect in any way,and is not intended to relate to, the premises described as Parcel One on Exhibit A. The Owner hereby authorizes and consents to the filing and recordation of this Notice, said Notice to become effective when executed under seal by the undersigned LSP,and recorded with the Hampshire County Registry of Deeds. WITNESS the execution hereof under seal this 20th day of December,2000. NORTHAMPTON INVESTMENTS II,LLC By: Its Manager/Member,+ COMMONWEALTH OF MASSACHUSETTS Hampshire,ss. December 20 ,2000 Then personally appeared the above-named Eric Suher Ithe Manager/Member of Northampton Investments II,LLC,end acknowledged the execution of the foregoing to be his free act and deed the free act and deed of Northampton Investments II,LLC,before me. NotaryPublic: Burton S. Resnic My Commission Expires: 4/16/04 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereolj and that in his opinion this Notice of Activity and Use Limitation is consistent with the terms 4et forth in said Activity and Use Limitation Opinion. OF Dated: i LSP J. L"Rfti w No.9908g ' 4 r. 75177-1 5 Doc; 992119149 OR /6316/0103 08/061 2 115:52 Hampden,ss. COMMONWEALTH OF MASSACHUSETTS {�•�/'+ti ��,,,.+t Then personally appeared the above-named foregoing to be his free act and deed,before me hcknowiedged the otary Pu lic; A/ '5b" Arra.�ks. My Commission Expires wo� =` 75177.1 6 Doc 992119749 OR /6316/0104 08/06/20011-5:52 EXHIBIT A 19 KING STREET, NORTHAMPTON,MASSACHUSETTS PARCEL ONE: A certain parcel of land with the buildings thereon in the City of Northhampton, Hampshire County and Commonwealth of Massachusetts,more particularly bounded and described as follows: Beginning at the intersection of King Street and Merrick Lane at an Iron pin at the most westerly comer of the premises to be described and thence running northeasterly along Merrick Lane one hundred eighty-six and six-tenths(186.06) feet to a comer on the right of way in the rear;and thence turning to the right and running Southerly with an interior angle of eighty-one degrees (81°)fifty-seven minutes(57')eighty(80)feet along the right of way to a corner of Bank Avenue thence turning and running south of west with an interior angle of ninety-eight degrees(981) forty-eight minutes(48')along Bank Avenue one hundred twenty-five and four-tenths(125.4) feet to an iron pin on said Bank Avenue; thence in the same general direction extending with an interior angle of one hundred eighty-two degrees(182°)five minutes(5')seventeen and one-half (171/2)feet to a comer of land now or formerly of Michael J.and William J.Pamell;thence running to the right and running northwesterly thirty(30)feet to a corner of land now or formerly of Michael J.and William J.Parnell;thence turning to the left and running forty(40) feet along land now or formerly of Michael J.and William J.Parnell;1 thence continuing in the same straight line a distance of three and eighty-seven hundredths(3.$7)feet to King Street; thence turning to the right and running west of north along King Street to the point of beginning, which point of beginning is distant from the last before mentioned boundary line fifty-three and nine-tenths(53.9)feet as measured on the building line shown on plan mentioned in deed hereinafter referred to, be any or all of said measurements more or less,or however otherwise said premises may be bounded and described. Subject To A Party Wall Agreement between Goldstein,Inc.and Pamell dated June 21, 1920 recorded in Hampshire County Registry of Dceds Book 759,Page 107. Subject To a Reservation in favor of Michael J.Parnell and William J.Parnell and their heirs and assigns of a "reasonable right of way in Bank Avenue. . .1.a$described in a decd of said Parnells to Goldstein,Inc. dated June 21, 1920 recorded in Book 759,Page 504_ Subject To a restriction and covenant relating to the location ofthe building line along King Street,if still in force and efLect as described in said,deed of Parcells to Goldstein,ine. dated June 21, 1920 recorded in Book 759,Page 504. 75177-1 1 Doc; 992119149 OR /6316/0105 08/06/Al 15;52 Subject To a restriction relating to the use of the foregoing premises,if still in force and effect, as described in said deed of Pamells to Goldstein, Inc.dated;June 21, 1920 recorded in Book 759,Page 504, Subject to an easement in favor of Massachusetts Electric Company dated September 9, 1998 recorded in Book 5523,Page 0001. Being the same premises as described in a deed of Northampton Propertics,Inc. to Northampton Investments II,LLC dated November 9, 1998 recorded in Hampshire County Registry of Deeds Book 5530,Page 211. PARCEL TW : All right,title and interest of the Grantor in and to a strip of land 20'in width entitled "Right of Way",sometimes known as Bank Avenue northeasterly of and tangential to the premises conveyed by Western Massachusetts Theatres,Inc. to Northampton Properties,Inc. by deed dated December 30, 1996 recorded in Hampshire County Registry of Deeds Book 5040, Page 126,which parcel of land is shown and described on a Plan of sand entitled"Map of the Roberts Place,King Street,Northampton,Massachusetts. . .May 2q, 1920.. ." recorded in Hampshire County Registry of Deeds Plan Book 5,Page 34,subject to the rights and reservations of record of others,if any. All rights easements, covenants,agreements and restrictions in favor of the Grantor as set forth and/or referred to in a deed of Parnell to Samuel and Nathan E.Goldstein, Inc.dated June 21, 1920 recorded in Hampshire County Registry of Deeds Book 7591,Page 504;and subject to the rights,easements,covenants, agreements and restrictions as set forth and/or referred to in said deed. Also see deed of Samuel and Nathan E. Goldstein,Inc. to G. M Theaters Corporation dated April 30, 1926 recorded in Hampshire County Registry of Deeds Book 826, Page 501,and deed to Western Massachusetts Theatres, Inc.,dated October 10, 1933 recorded in Hampshire County Registry of Deeds Book 912,Page 501 (and see Pages 518,519). Pages the same premises as describcd in deed of North amptonProperties, Inc. to Northampton Investments II,LLC dated November 9, 1998 recorded in Hampshire County Registry of Deeds Book 5530,Page 211. 75177-I 2 i Doc: 99211.9149 OR /6316/0106 WOKE 15162 EXHIBIT A-1 THE PORTION OF THE PROPERTY' Certain land situated in Northampton,Hampshire County,Massachusetts,more particularly described as"A.U.L.Area No. 1"on a plan entitled"Plan of Land in Northampton, Massachusetts Prepared for Northampton Investments II,LLC",dated May 28, 1999,prepared by Almer Huntley,Jr.&Associates,Inc. and recorded in the Hampshire County Registry of Deeds at Book of Plans_Q ,Page_tom{�containing approximately 1,180 square feet. 75177.2 1 x; 992119149 OR /6316/0101 08/06/200116;52 EXHIBIT B 1 s� Of E R R I C K L A N E APPR ff' DI'pcm SIZES CALVIN {I{ {{1=L={{ =!J THEATER AUL AREA MI {!— 1 H A N K A V E N U E LEGEND,. RnPERTY EGEND,'RCPERT`: LIN ! STREET LINE APPROXIMATE SCALE Iii FEET 0 20' 40' 80' o;?ff,rlY TU80T & OAVY CALVIN S TE SKETCH ASSOCUTAIS INC. THEATER ! DATE: DECEMBER 1999 C c EXHIBIT "8" NFO i I Massachusetts Department of Environmental Projtectlon BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY&USE LIMITATION(AUL)OPINION FORM urs E- 10539 Pursuant to 310 CMR 40.1070-40.1084(Subpart J) COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED W"THE REGISTRY OF DEEDS ANDODIR LAND REGLSMATION OFFICE, A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Siie Name: Calvin Theater Street: 19 King Street Location O CilylTown: Northampton ZIP Cods: 01060-0000 Address of property subject to AUL,it different than above. Street: Cityrrown: ZIP Code: B.THIS FORM IS BEING USED TO: (check one) Cm Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form), Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40,1081(4) (complete all sections of this form). Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation.pursuant to$10 CMR 40,1083(3) (complete all sections of this form). Provide the I LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.107I.icomplate all sections of this form), i Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40 1081(3) (complete all sections of this farm). Provide the LSP Opinion for a Release of Environmental RestrIction,pursuant to 310 CMR 40,1080(2)(complete all sections of this form). C. LSP OPINION: i I attest under the pains and penalties of perjury that I have personally examined and am familiar with thi6 submittal,including any and all documents accompanying this submittal. In my professional opinion and judgment based Upon applicatlilin 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(W)the proylsiorls of 309 CMFk 4.03(5),to the best of my knowledge, if Section B indicates that a Nodes,ofAcflvlty and Use Limitation is being registered andlor recorded,line 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 40.1074(f)(b): >if Section 8 indicates that an Amended Notice ofAcdvity and Use Limitation is being registered andh i Of recorded,the Activity and Use Limitation that Is the subject of this submittal(1)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 Ton-frahlon of a Notice of A.11iffity and Use LIM11'a-lon 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 provi4ion.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 andlor recorded,the Activity and Use Limitation that Is the sublect of this submittal(1)is being provided in acco,stir with the appucatia prov,1 1 n.-ofA.G.1. a C.211il and 313 CIAR 40.0000 and(ii) complies with 310 CMR 40,1071(1)(b); > it Section a indicates that an Amendment to a Grant of Environmental Restriction is being rogista,,aid iladior recorded,the Activity and Use Limitation that Is the subject of this submittal(i)is being provided in accordance with the applicable provisions oflit,G.L.c.21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40,1380(1)and 40.1081(1); > it Section 8 indicallis that a Release of Grant of Environmental Restriction is being registered andlorilacordod,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 I am aware that significant Penalties may result,including,but not limited to,possible lines and impnsonrienL It I submit information which I know to be'false,inaccurate or materially incomplete. 77 Check here if the Response Acfion(s)on which this opinion is based.if any,am tv�eral subject to any oroertts),parrinit(s)an&orapprovai(s) issued by DEP or EPA. if the box is checked.you MUST attach a statement identifying the applicable Orovisions thereof. SECTION C IS CONTINUED ON THE NEXT PAGE. Revised 518195 Do Not Alter This Form Page 1 of 2 Massachusetts Department of Environmental Prate ction BWSC-1 14 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY&USE LIMITATION(AUL)OPINION FORM Pursuant to 310 CMR 40-1070-40.1084(Subpart J) E] E0539 C. LSP OPINION: (t;ontlnuedl OF LSP Name: Kevin J. O'ReillY LSP#' 9908 Stamp, x Telephone 413-788-6222 Ext.: 105 4 0. ILLY FAX: 413-738-88 Al 30 0.9905Q /ST LSP Signature: Date: YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised 518195 Do Not Alter This Form Page 2 of 2 Doc: 992ll9149 OR /6316/0110 08/06/200115:52 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION RELEASE TRACKING NO. t-10539 This exhibit provides the Activity and Usc Limitation(AUL)opinion in support of the above referenced releases pursuant to 310 CMR 40.1074(1)(b). The referenced section requires that the opinion specify 1. Why the notice of AUL is appropriate to achieve and/or maintain a level of No Significant Risk; 2. Site activities to be prohibited and/or limited; 3. Site activities to be permitted;and 4. Obligations and conditions to maintain a level of no significant risk. These four items are addressed below. It should be noted that the AUL opinion is provided for the area depicted on Exhibit A-1 in the Notice of Activity and Use Limitation to which this opinion is attached. 1. Achievement and Maintenance of No Si ificant Risk. This AUL opinion addresses the achievement and maintenance of a condition of No Significant Risk for the area described on Exhibit A-1. Soil and grounglwater in this area have been subject to a release of petroleum hydrocarbons from a former underground storage tank that was removed in 1994 and from suspected historic spills associated with a former garage operation. Petroleum hydrocarbons and associated hydrocarbons have been detected in site soil and groundwater. Immediate Response Actions were undertaken and included excavation and off-site recycling of contaminated soil. Post remediation testing indicaaed that groundwater meets current risk based standards for groundwater for current and foreseeable future site use. Contaminated soil is locally present within the depicted area below a depth of 4 feet below current existing surface grade. Soil concentrations meet risk based standards for current use exposure assumptions. These assumptions are that the site will remain En use as commercial or industrial property so that there will be a low frequency and low intensify of children's use of the property and that no high intensity uses with the potential to disturb the!soil will occur. Unacceptable high intensity uses would involve activities where uncontrolled digging below depths of feet below grade would occur. Given the depth below grade where impacted soil is present and the assumed to be continued current industrial or commercial use of the site,such 75177-1 1 Doc; 99M9149 OR /6316/0111 08/06/200115;52 future high intensity uses or uses involving children exposures are unlikely to occur. However, since petroleum hydrocarbon concentrations in sols below a depth of4 feet within the AUL area locally exceed DEP risk based standards for unrestricted residential use, the MCP requires that the site risk assessment be supported with an AUL. Potential exposure to soils is through dermal contact or ingestion of TPH contaminated soils in the event of exposure or excavation of spoils in the area of the AUL through such activities as construction excavation. Because such soils are present at depths below 4 feet,or below pavement or existing grade,potential exposures can be limited through application and maintenance of an AUL that restricts excavation or disturbance of or allow access to this material. 2. Prohibited/Limited Site Activities. Activities and uses which are prohibited or limited in the area covered by this AUL opinion in order to maintain a condition of No Significant Risk are as:follows: (a) Use of the Property as a residencc,school for children,for child clay-care facility; (b) Use as a high intensity recreation area,such as a playing Feld or playground; (c) Extraction of groundwater for any purpose other than emnstruction(or other) dewatering conducted in accordance with a Groundwater Management Plan approved by a Licensed Site Professional("LSP")prior,to initiation of dewatering; (d) Agricultural use for the growing of food for consumption by humans or by livestock intended for human consumption; (e) Any subsurface activity including,but not limited to,exCavation which may result in direct contact with,disturbance,or relocation of the petroleum-contaminated soil located greater than four feet below surface grade within the Portion of the Property,as described in Exhibit A-1 to the Notice of A�tivity and Use Limitation to which this Opinion is attached,which is not conducted in accordance with Obligations(a)and (b)of this Opinion;and (f) Relocation nfthe pctroleum-contaminated soil currently located grcater than four feet below surface grade within the designated AUL area to a shallower depth within the designated AUL area,unless such activity is first evaluated by an LSP who renders an opinion which attests that a condition ofNo Significant Risk is maintained consistent with the provision of the ivilp. 7$177-1 2 i DOC; 992119149 OR /63116/0112 08/06/200115,52 3. Permitted Activities. (a) Commercial and/or industrial activities and uses including,but not limited to, non-vegetable gardening, landscaping and routine maintenance of landscaped areas within the Portion of the Property, identified on A•1 to the Notice of Activity and Use Limitation to which this Opinion is attached,which do not causc and/or result in direct contact with,disturbance of and/or relocation of,the petroleum contaminated soil currently located at depths greater than four feet below grade; (b) Excavation associated with short term(92 days or less)subsurface utility and/or construction work which may be deemed necessary within the Portion of the Property,provided that it is conducted in accordance with a Soil Management Plan approved by an LSP prior to the initiation of such activities; (c) Long term(greater than 92 days)subsurface activities and/or construction including,but not limited to excavation,within the Portion of the Property, which may disturb petroleum-contaminated soil currently located at depths greater than four feet below surface grade,provided that they are conducted in accordance with a Health and Safety Plan and a Soil Management Plan approved by an LSP prior to the initiation of such activities; (d) Activities and uses which are not prohibited by this Opinion;and (e) 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. 4. Obligations and Conditions to Maintain No Significant Disk. (a) A Soil Management Plan must be approved by an LSP ah,d implemented prior to the initiation of any subsurface activity which may disturb petroleum contaminated soil located greater than four feet below suj face grade within the Portion of the Property; (b) A Health and Safety Plan must be approved by an LSP and implemented prior to the initiation of any long term(greater than 92 days)sub,urface activity wluc!,. may result in disturbance ofpetroleum-contaminated soil located at depths greater than four feed below surface grade within the Portion of the Property. The Health and Safety Plan must be prepared in accordance with the requirements set forth in 310 CMR 40.0018; '7sm-1 3 i i Doc. 992119149 OR /6316/0113 08/06/2001 5:52 (c) The petroleum contaminated soil located greater than four feet below grade within the designated AUL area may not be relocated to a shaPlower depth within the Portion of the Property,unless such activity is first appropriately evaluated by an LSP who renders an opinion which attests that such activity poses no greater risk of harm to health,safety,public welfare,or the environment and is consistent with the provisions of the MCP;and (d) A Groundwater Management Plan must be prepared by an LSP and implemented prior to extraction of groundwater for construction(or other)dewatering. I attest that I have personally examined and am familiar with the information on which this LSP opinion is based and,in my professional judgment,this AUL opinion complies with the requirements for said opinions established under 310 CMR 40.1074(])(b). DATE: I J _ , Kevin J.O'Reilly IOF License No.99 t J. KE a p-RI:ILLY N f�8 TE? i 75177-{ 4 Doc, 992119149 OR /6316/0114 08/06/2001 X5;52 NORTHANIPTON INVESTMENTS II,LLC MENfBER'S AFFIDAVIT/CERTIFICATE KNOW ALL MEN BY THESE PRESENTS that, as a controlling Member of Northampton Investments 11,LLC,Eric Suher,as Manager,has been and is,authorized, for and on behalf of the Limited Liability Company,to sign,execute,deliver and record a Notice of Activity - - and Use Limitation dated December 20,2000,with regard to a portion of the property known as 19 King Street;Northampton, Massachusetts,being a portion'of the prdperty described-in a Deed ` *.r to Northampton Investments 11,LLC dated November 10, 1998 recorded in Hampshire County Registry of Deeds Book 5530,Page 211. This Affidavit/Certificate is delivered pursuant to 310 CMR 40.1074(2)(c). TH WITNESS my hand and seal this t __day of Max,2001. NORTHAMPTON INVESTMENTS B,LLC 4 BY: Witness Eric"er,Member i COMMONWEALTH OF MASSACHUSETTS i Hampden,ss. May !1 ,2001 Then personally appeared the above-named Eric Suher as Membler and acknowledged the foregoing instrument to be the free act and deed of Northampton Invesa#rents!L LLC,before me, ) I• L B on S.Resnic,Notary Public My Commission Expires: 4/15/2004 A22UTt R&VSBIn' �ARl�atxL L. noNOHU& UGIST101, i w i The foregoing is a true copy of the record in Book 6 3/6, Page28 , of the Hampshire County Registry of Deeds. 2&3 .ATTEST: REGISTER i i f ' Doc; 992119150 OR /6316/0115 08/06/200115;53 Form 107 NOTICE OF ACTIVITY AN]) USE LIMITATION M.G.L. c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: Calvin Theater DEP Release Tracking No.: 1-10539 1 This Notice of Activity and Use Limitation ("Notice") is made as of this 30th day of October, 2000 by Chamisa Corporation of 31 Campus Plaza Road, Hadley, Massachusetts, its successors and assigns (collectively,the "Owner"). WITNESSETH: i� WHEREAS, Chamisa Corporation of Hadley,Hampshire County, Massachusetts is the owner in fee simple of that certain parcel of land known as 21-31 Main Street, Northampton, Hampshire County, Massachusetts with the buildings and improvements thereon pursuant to a deed recorded in the Hampshire County Registry of Deeds in Book 4238, Page 14 (the "Property"); WHEREAS, said parcel of land which is more;.particularly bounded and described in Exhibit A attached hereto (the "Property") and made a part hereof is subject to this Notice of Activity and Use Limitation. The Property is shown qn a plan recorded in the Hampshire County Registry of Deeds in Plan Book 151, Page 74;' WHEREAS, a portion of the Property(the "Poition of the Property") is more specifically subject to this Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded and described in Exhibit A-1 attached hereto and made a part hereof The Portion of the Property is also shown as "A.U.L. Area'No. 2" on the plan entitled "Plan of Land in Northampton, Massachusetts Prepared for Northampton Investments II, LLC dated May 28, 1999", prepared by Almer Huntley, Jr. &Associates, Inc., and recorded in the Hampshire County Registry of Deeds at Plan Book_0 , Page O&q ; WHEREAS, the Portion of the Property comprises part of a disposal site (the "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 2413-3 I OD- Doc: 992119750 OR /6316/0116 08/06/200115:53 WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 2 1 E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 et seq. ("MCP"). Said response actions are based upon the restriction of human access to and contact with oil and/or hazardous material in the soil and 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 April 8, 2001, 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 Set Consistent Wilh 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: (a) Commercial and/or industrial activities and uses including,but not limited to, non-vegetable gardening, landscaping and routine maintenance of landscaped areas within the Portion of the Property, which do not cause and/or result in direct contact with, disturbance of, and/or relocation of, the petroleum contaminated soil currently located at depths greater than four feet below grade; (b) Excavation associated with short term (92 days or less) subsurface utility and/or construction work which may be deemed necessary within the Portion of the Property, provided that it is conducted'in accordance with a Soil Management Plan approved by a Licensed Site Prof6ssional ("LSP")prior to the initiation of such activities; (c) Long term (greater than 92 days) subsurface activities and/or construction including, but not limited to excavation, within the Portion of the Property, which may disturb petroleum-contaminated sail currently located at depths greater than four feet below surface grade, provided that they are conducted in accordance with a Health and Safety Plan and a Sgil Management Plan approved by an LSP prior to the initiation of such activities„ (d) Activities and uses which are not prohibited by this Notice; and 2418-3 i Doc; 992119750 OR /6316/0111 08/06/200115:53 (e) 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 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: (a) Use of the property as a residence, school for children or child day-care facility; (b) Use as a high intensity recreation area, such as a playing field or playground; (c) Extraction of groundwater for any purpose other than construction (or other) dewatering conducted in accordance with a Groundwater Management Plan approved by an LSP prior to initiation of dewatering; (d) Agricultural use for the growing of food for consumption by humans or by livestock intended for human consumption; (e) Any subsurface activity including, but not limited to, excavation which may result in direct contact with, disturbance, or relocation of the petroleum-contaminated soil located greater than four feet beldw surface grade within the Portion of the Property, which is not conducted in accordance with Obligations (a) and (b) of this Notice; and (f) Relocation of the petroleum-contaminated soil currently located greater than four feet below surface grade within the designated ALL area to a shallower depth Within the designated AUL area, unle$s such activity is first evaluated by an LSP who renders an opinion which attests that a condition of No Significant Risk is maintained, consistent with the provision of the MCP. 3. Obligations and Conditions Set Forth in the AUL Opinion. (a) A Soil Management Plan must be approved by an LSP and implemented prior to the initiation of any subsurface activity which may disturb petroleum- contaminated soil located greater than'four feet below surface grade within the Portion of the Property; (b) A Health and Safety Plan must be approved by an LSP and implemented prior to the initiation of any long term (greater than 92 days) subsurface activity which may result in disturbance of petroleum-contaminated soil located at depths greater 2418-3 Doc; 992119750 OR /63.6/0118 08/06/200115;53 than four feet below surface grade within the Portion of the Property. The Health and Safety Plan must be prepared in accordance with requirements set forth in 310 CMR 40.0018; (c) The petroleum-contaminated soil located greater than four feet below grade within the designated AUL area may not be relocated to a shallower depth within the Portion of the Property, unless such activity is first appropriately evaluated by an LSP who renders an opinion which attests that such activity poses no greater risk of harm to health, safety, public welfare, or the environment and is consistent with the provisions of the MCP; and (d) A Groundwater Management Plan must be prepared by an LSP and implemented prior to extraction of groundwater for construction (or other) dewatering. 4. Proposed Changes in Activities and ITses. 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 hazadous 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 such opinion to meet the objective of this Notice shall be satisfied before 4ny 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 healthp safety,public welfare or the environment or to create substantial hazards due to exposure to oill and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if necessary, to achieve or maintanJ 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 instruments of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. 2418-3 Doc; 992119750 OR /6316/0119, 08/06/200115:53 The Owner hereby authorizes and consents'to the filing and recordation of this Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded with the Hampshire County Registry of Deeds. WITNESS the execution hereof under seal this�day of October, 2000. CHAMISA CORPORATION B �- J4 Y its Pr'es`ak „^j COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. (t':raeeQ-30 , 2000 Then personally appeared the above-named; Dc)L)&-AS 4Z�ai-A 4 , the �! Zs, of Chamisa Corporation, and acknowledged the execution of the foregoing to be his free act and deed, and the free act and deed of Chamisa Corporation, before me. Notary Public: My Commission Expires: Ae2(�- 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 nl � this Notice of Activity and Use Limitation is consistient with the terms set forth in sai and Use Limitation Opinion. j j r KEVIN , Dated: tel' tLt'� LSP COMMONWEALTH OF MASSACHUSETTS Hampden, ss. Then personally appeared the above-named ,✓ �� p Y PP _�� �l . CI ��►�� and acknowledged the foregoing to be his free act and deed, before me. Y ._ itotar Public h W ` My Commission Expires: 4 W-9 2418-3 z1 -. Doc: 992119750 OR /6316/0120 08/06/200115:53 EXHIBIT A 21-31 MAIN STREET, NORTHAMPTON, MASSACHUSETTS Certain land in Northampton, Massachusetts, more particularly described as Parcel 2B on a plan of land recorded in the Hampshire County Registry of Deeds at Book of Plans 151, Page 74. 2418-3 i Doc; 992119750 OR /6316/0121; 08/06/200115:53 EXHIBTT A-1 THE PORTION OF THE PROPERTY Certain land situated in Northampton, Hampshire County, Massachusetts, more particularly described as "A.U.L. Area No. 2" on a,plan entitled 'Plan of Land in Northampton, Massachusetts Prepared for Northampton Investments II, LLC", dated May 28, 1999, prepared by Almer Huntley, Jr. &Associates, Inc. and recorded in the Hampshire County Registry of Deeds at Book of Plans �� , Page 00(O y containing approximately 3,944 square feet. 2418-3 Doc, E2119750 OR /6316/0122 08/06/200116;63 xxzB jr 04 M E R R I C K L A N E APPROXIMATE LIMITS OF DISPOSAL SITE ]_ CALVIN THEATER AUL 4REa { {� AUL AREA #2 .{11 { {Z I B A N K A V E N !,U E LEGEND, PROPERTY LINE STREET LINE APPROXIMATE SCALE IN FEET 0 20' 40' 80' CALVIN SITE SKETCH °������I���;T���Z�f1� THEATER V) DATE: DECEMBER 1999 k WORTHAMPTM I EXHIBIT "B" INFO I Doc; 992119750 OR /6316/0123 08/016/200115:53 Massachusetts Department of En4ironmental Protection BWSC-1 14 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM E -1 10539 Pursuant to 310 CMR 40.1070-40.1084(Subpart J) COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL 1)'OCUMENT 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: Calvin Theater Street: 19 King Street Location City/Town: Northampton ZIP Code: 01060-0000 Address of property subject to ALL,if different than above. Street: 21-31 Main Street City/Town: Northampton ZIP Code: 01060 B. THIS FORM IS BEING USED TO: (check one) 2 Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form). F-1 Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4) (complete all sections of this form). F] 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). F� 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 ail sections of this 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)line 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 relgistered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(1)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 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.21 E and 310 CMR 40,0000 and(fl)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 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 40.1083(3)(a); > if Section B indicates that a Grant of Environmental Restriction 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.21 E 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 ReStrktion 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.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 Release of Grant of Environmental Restriction 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.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083(3)(a). I 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,ate(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 518195 Do Not Alter This Form Page 1 of 2 Doc: 992119160 OR /6316/0124 08/06/200115:53 Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM _ 10539 �__ Pursuant to 310 CMR 40.1070-40.1084(Subpart J) C. LSP OPINION: (continued) ItAOF LSP Name: Kevin J. O'Reilly LSP#; 9908 Stamp: 413-788-6222 KEVIN Telephone Ext.: J. OtREILLY FAX: 413-788-8830 No. 990 ISTS LSP Signature: P���� Date: �1.G�� "T YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised 518195 Do Not Alter This Form Page 2 of 2 I Doc; 992119150 0R /6316/0125 08/06/200115;53 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION RELEASE TRACKING NO. 1-10539 This exhibit provides the Activity and Use Limitation(AUL) opinion in support of the above referenced releases pursuant to 310 CMR 40.1074(1)(b). The referenced section requires that the opinion specify: 1. Why the notice of AUL is appropriate to achieve and/or maintain a level of No Significant Risk; 2. Site activities to be prohibited and/or limited; 3. Site activities to be permitted; and 4. Obligations and conditions to maintain a level of no significant risk. These four items are addressed below. It should be noted that the AUL opinion is provided for the area described on Exhibit A-1 in the Notice of Activity and Use Limitation to which this opinion is attached. 1. Achievement and Maintenance of N9 Significant Risk. This AUL. opinion addresses the achievement and maintenance of a condition of No Significant Risk for the area described on Exhibit A L Soil and groundwater in this area have been subject to a release of petroleum hydrocarbons:from a former underground storage tank that was removed in 1994 and from suspected historic spills associated with a former garage operation. Petroleum hydrocarbons and associated hydrocarbons have been detected in site soil and groundwater. Immediate Response Actions were undertaken and included excavation and off-site recycling of contaminated soil. Post remediation testing indicated that groundwater meets current risk based standards for groundwater for current and foreseeable future site use. Contaminated soil is locally present within the depicted area below a depth of 4 feet below current existing surface grade. Soil concentrations meet risk based standards for current use exposure assumptions. These assumptions are that the site will remain in use as commercial or industrial property so that there will be a low frequency and low intensity of children's use of the property and that no high intensity uses with the potential to disturb the soil will occur. Unacceptable high intensity uses would involve activities where uncontrolled digging below depths of 4 feet below grade would occur. Given the depth below grade where impacted soil is 2418-3 Doc: 992119750 OR /6316/0126 08/06/200115:53 present and the assumed to be continued current industrial or commercial use of the site, such future high intensity uses or uses involving children exposures are unlikely to occur. However, since petroleum hydrocarbon concentrations in sols below a depth of 4 feet within the AUL area locally exceed DEP risk based standards for unrestricted residential use, the MCP requires that the site risk assessment be supported with an AUL. Potential exposure to soils is through derinal contact or ingestion of TPH contaminated soils in the event of exposure or excavation of spoils in the area of the AUL through such activities as construction excavation. Because such soils are present at depths below 4 feet, or below pavement or existing grade, potential exposures can be limited through application and maintenance of an AUL that restricts excavation or disturbance of or allow access to this material. 2. Prohibited/Limited Site Activities. Activities and uses which are prohibited or limited in the area covered by this AUL opinion in order to maintain a condition of No Significant Risk are as follows: (a) Use of the Property as a residence, school for children, or child day-care facility; (b) Use as a high intensity recreation area, such as a playing field or playground; (c) Extraction of groundwater for any purpose other than construction (or other) dewatering conducted in accordance with a Groundwater Management Plan approved by a Licensed Site Professional ("LSP") prior to initiation of dewatering; (d) Agricultural use for the growing of food for consumption by humans or by livestock intended for human consumption; (e) Any subsurface activity including, but not limited to, excavation which may result in direct contact with, disturbance, or' ,relocation of the petroleum-contaminated soil located greater than four feet below surface grade within the Portion of the Property, as described in Exhibit A-1 to the Notice of Activity and Use Limitation to which this opinion is attached, whish is not conducted in accordance with Obligations (a) and (b) of this Opinion; and Relocation of the petroleum-contaminated soil currently located greater than four feet below surface grade within the designated AUL area to a shallower depth within the designated AUL area, unless such activity is first evaluated by an LSP who renders an opinion which attests that a condition of No Significant Risk is maintained, consistent with the provision of the MCP. 2418-3 i Doc; 992119750 OR 1531610127i 08/06/200115,j 3 3. Permitted Activities. (a) Commercial and/or industrial activities and uses including, but not limited to, non-vegetable gardening, landscaping and routine maintenance of landscaped areas within the Portion of the Property, identified on Exhibit A-1 to the Notice of Activity and Use Limitation to which this Opinion is attached, which do not cause and/or result in direct contact with, disturbance of, and/or relocation of, the petroleum contaminated soil currently located at depths greater than four feet below grade; (b) Excavation associated with short term (92 days or less) subsurface utility and/or construction work which may be deemed necessary within the Portion of the Property,provided that it is conducted in accordance with a Soil Management Plan approved by an LSP prior to the initiation of such activities; (c) Long term (greater than 92 days) subsurface activities and/or construction including, but not limited to excavation, within the Portion of the Property which may disturb petroleum-contaminated soil currently located at depths greater than four feet below surface grade, provided that they are conducted in accordance with a Health and Safety Plan and a Soil Management Plan approved by an LSP prior to the initiation of such activities; (d) Activities and uses which are not prohibited by this Opinion; and (e) 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. 4. Obligations and Conditions to Maintain No Significant Risk. (a) A Soil Management Plan must be approved by an LSP and implemented prior to the initiation of any subsurface activity which may disturb petroleum- contaminated soil located greater than four feet below surface grade within the Portion of the Property; (b) A Health and Safety Plan must be approved by an LSP and implemented prior to the initiation of any long term (greater than 92 days) subsurface activity which may result in disturbance of petroleum-contaminated soil located at depths greater than four feed below surface grade within the Portion of the Property. The Health and Safety Plan must be prepared in accordance with the requirements set forth in 310 CMR 40.0018; 2418-3 i i Doo; 992119150 OR /6316/0128; 08/06/200115:53 (c) The petroleum-contaminated soil located greater than four feet belowgrade within the designated AUL area may not be relocated to a shallower depth within the Portion of the Property, unless such activity is first appropriately evaluated by an LSP who renders an opinion which attests that such activity poses no greater risk of harm to health, safety, public welfare, or the environment and is consistent with the provisions of the MCP; and (d) A Groundwater Management Plan must be prepared by an LSP and implemented prior to extraction of groundwater for construction (or other) dewatering. I attest that I have personally examined and am familiar with the information on which this LSP opinion is based and, in my professional judgment, this AUL opinion complies with the requirements for said opinions established under 3 10 CMR 40.1074(1)(b). iOF DATE: — e, C=' KEVIN Kevin J. O' ly License No. 99089 . .091 pg 9 2418-3 i Doc: 992119150 OR /6316/429 Chamisa Corporation Clerk's Certificate The undersigned hereby certifies that he is the duly elected and acting Clerk of Chamisa Corporation (the "Corporation") and further certifies as follows: That Douglas Kohl is the duly elected and acting President of the Corporation, that he is authorized to execute documents on behalf of the Corporation and to act on behalf of the Corporation regarding all matters affecting real estate owned by the Corporation, that the signature appearing on the Activity and Use Limitation with respect to the property located at 21- 31 Main Street, Northampton, Massachusetts, is his genuine signature and that this certificate is delivered pursuant to 310 CMR 40.1074(2)(c). IN WITNESS WHEREOF, the undersigned has executed this Certificate as of this T� day of-� 2001. J"LyW Clerk