24B Exhibit C—Narrative Description
This document consists of a Notice of Activity and Use Limitation (AUL) for a portion of the
Conway Reality Trust (Conway) property at 300A King Street in Northampton which has been
impacted by a release of petroleum. The AUL is needed to maintain a "Permanent Solution with
Conditions" as that term is defined in the Massachusetts Contingency Plan (MCP — 310 CMR
40.0000).
Summary of Site History and Petroleum Release
The Property is a bulk fuel oil storage facility which occupies approximately 2.5 acres and is
located in a general commercial/industrial neighborhood of Northampton. Two above ground
500,000 gallon fuel oil storage tanks were constructed at the property in the late 1950's.A release
of fuel oil was identified at the property in 2012. The release resulted in approximately 10,000
cubic yards of petroleum impacted soil from approximately one to eight feet below grade and a
layer of fuel oil (termed light nonaqueous phase liquid or LNAPL) on the groundwater table over
an approximate 10,000 square foot area. The LNAPL is stable(not migrating)and no off-property
impacts from the fuel oil have been identified. The fuel oil is believed to have leaked either from
a pump house located within the berm surrounding the tanks or from former underground piping
which conveyed oil from the storage tanks to the truck loading rack prior to purchase of the
Property by Conway in 1986. Upon acquisition of the Property by Conway in 1986, the
underground pipes to the truck loading rack were changed to the current overhead piping system
and no further leaks are suspected to have occurred.
The conclusions of the Permanent Solution with Conditions report are that a condition of No
Significant Risk exists at the Site, subject to the AUL. Current or future exposure to Site
contaminants is unlikely, since access will be controlled by the AUL.
Reason for AUL
This AUL is needed to limit the following:
1. Potential Exposure to Soils and LNAPL: Petroleum impacted soils and LNAPL are present
approximately one foot below the ground and/or pavement surface.Therefore, future use
of the AUL area is restricted to commercial or industrial activities and the area would not
be used as a residence, school, daycare or playground, or for the growing of produce
and/or the raising of livestock for human consumption;
2. Construction and/or Excavation: A soil management and LNAPL management plan must
be developed by a Licensed Site Professional (LSP) prior to any construction or
excavation which involves soil disturbance and/or off-site disposal of Site soils from depths
of greater than one foot below grade in the AUL area; and
3. Buildings: If an enclosed building is constructed within the AUL area, such building shall
incorporate into the building design a system to mitigate or control potential vapor
migration into the building.
T; HAMPSHIPM �'� �,lf �,. , REGISTER
MA1i LBERDI
STREETOARF?ETT
woom
OFFICE "o' MAINTENANCE
100 GARAGE LIMITS OF
PARTS 1000, RELEASE AREA
STORAGE
CREST
F BERM
UL AREA
ABOVEGROUND,FUEL OIL
STORAGE TANK
(500,000 GALLONS EACH)
SCALE 300A KING STREET EXHIBIT B
1" = 100'
NORTHAMPTON, SKETCH PLAN
0 50, 100, 00, MASSACHUSETTS DATE: JUNE,2018
Exhibit A-1
A portion of a certain parcel of land situated in The City of Northampton, Hampshire County, in The
Commonwealth of Massachusetts,shown as Lot 47 on plan by Huntley Associates,P.C.entitled "Activity
and Use Limitation(AUL) Plan of Land Northampton, Massachusetts Hampshire County Prepared for
Whiting Oil Corporation"identified as"AUL Area" bounded and described as follows;
Commencing at a point marked by an escutcheon pin set in a lead plug in a granite bound on the
easterly sideline of King Street;
Thence running along the easterly sideline of King Street S 19°48'57" E, 53.22 feet to a point;
Thence turning and running westerly along a tie course S 70°11'03"W,82.50 feet to the intersection of
the Westerly sideline of King Street and the southerly sideline of Barrett Street marked by an
escutcheon pin set in a lead plug in a granite bound;
Thence running southerly along the westerly sideline of King Street S 19°48'57" E, 168.00 feet to the
northeast corner Lot 47;
Thence running along said westerly sideline of King Street S 19°48'57" E, 20.00 feet to the southeast
corner of Lot 47;
Thence turning and running S 70°16'32"W,231.42 feet along the southerly line of Lot 47 to the point of
beginning of the AUL Area;
Thence continuing along the southerly line Lot 47,S 70°16'32"W, 249.51 feet to a point marked by a 1"
diameter iron pipe found being the southwesterly corner of Lot 47;
Thence turning and running N 15°34'26"W,230.61 feet along the westerly line of Lot 47 to a point;
Thence N 74°21'42" E,237.15 feet,to the northwest corner of a garage building near the easterly line of
said Lot 47;
Thence along the face of garage S 17°04'25" E,80.44 feet to the southwest corner of said garage
building;
thence S 19°43'28" E, 132.76 feet to the point of beginning of the AUL Area.
Containing 53,685 square feet, or 1.2 Acres more or less.
Exhibit A
A certain parcel of land situated in The City of Northampton, Hampshire County,in The Commonwealth
of Massachusetts,shown as Lot 47 on plan by Huntley Associates, P.C. entitled"Activity and Use
Limitation (AUL) Plan of Land Northampton, Massachusetts Hampshire County Prepared for Whiting Oil
Corporation" bounded and described as follows;
Commencing at a point marked by an escutcheon pin set in a lead plug in a granite bound on the
easterly sideline of King Street;
Thence running along the easterly sideline of King Street S 19°48'57" E,53.22 feet to a point;
Thence turning and running westerly along a tie course S 70°11'03"W,82.50 feet to the intersection of
the Westerly sideline of King Street and the southerly sideline of Barrett Street marked by an
escutcheon pin set in a lead plug in a granite bound;
Thence running southerly along the westerly sideline of King Street S 19°48'57" E, 168.00 feet to the
Point of Beginning;
Thence running along said westerly sideline of King Street S 19°48'57" E,20.00 feet to a point;
Thence turning and running S 70°16'32"W,480.93 feet to a point marked by a 1" diameter iron pipe
found;
Thence turning and running N 15°34'26"W,416.12 feet to a point marked by a 5/8"diameter iron rod
found on the southerly sideline of Barrett Street;
Thence turning and running along the southerly sideline of Barrett Street S 82°58'46" E,319.48 feet to a
point;
Thence turning and running S 17°13'19" E, 246.49 feet to a point marked by a concrete bound with a
broken top;
Thence turning and running N 71°54'05"E, 176.31 feet to the point of beginning.
Containing 106,521 square feet,or 2.4 Acres more or less.
The undersigned Licensed Site Professional hereby certifies that in his] Opinion this
Notice of Activity and Use Limitation is consistent with a Permanent Solution and maintaining a
condition of No Significant Risk.
Date:
Bruce H. Nickelsen
[Licensed Site Professional SEAL]
tH OF
BRUCE ti.9�G
2 NICK.ELSEN m
� No.9000
STP
COMMONWEALTH OF MASSACHUSETTS
h ,ss i , 2018
On this day of2018, before me, the undersigned notary public,
personally appeared Bruce H. Nickelsen,proved to me through satisfactory evidence
of identification, which were his driver's license, to be the person whose name is
signed on the preceding or attached document,and acknowledged to me that he signed
it voluntarily for its stated purpose.
as Associate for O'Reilly,Talbot&Okun,Associates, Inc., a corporation.
t �t, ,�(official signature and seal of notary)
Upon recording,return to:
& ROSANNE M. STIRLACCI
Notary Public
Conway Realty Trust COMMONWEAUNOFMASSACHUSETTS
My Commission Expires
c/o Mr. Richard Whiting May 14. 2021
Whiting Energy Fuels
P.O. Box 537
Northampton, Massachusetts 01061
WITNESS the execution hereof under seal this // day of 2018.
Conway Realty Trust
Rich . Whitin Jr., rus
Ann A. (Whiting)Weed, Trustee
tsajc1 U
Kden W. (Boone) g,Trustee
COMMONWEALTH OF MASSACHUSETTS
Hnm� , sst. I ( , 2018
On this it�` day of er , 2018, before me, the undersigned notary public,
personally appeared Richard C.Whiting,Jr.(name of document signer),proved to me
through satisfactory evidence of identification, which were
oerscnal kncwleda P ,to be the person whose name is signed on the preceding
or attached document, and acknowledged to me that he signed it voluntarily for its
stated purpose as Co-Trustee for Conway Realty Trust, a Massachusetts Business
Trust.
TRICIA L KOSS
NotaryPublic
of Manackusft
(official signature and seal of notary)
i
vapor intrusion shall be performed. The ground floor of future buildings on the
Portion of the Property shall remain in place and be maintained as a barrier.
4. Proposed Changes in Activities and Uses. Any proposed changes in activities and
uses at the Portion of the Property which may result in higher levels of exposure to oil
and/or hazardous material than currently exist shall be evaluated by a Licensed Site
Professional who shall render an Opinion, in accordance with 310 CMR 40.1080, as
to whether the proposed changes are inconsistent with maintaining a Permanent
Solution and a condition of No Significant Risk. Any and all requirements set forth
in the Opinion to meet the objective of this Notice shall be satisfied before any such
activity or use is commenced.
5. Violation of a Permanent or Temporary Solution. The activities, uses and/or
exposures upon which this Notice is based shall not change at any time to cause a
significant risk of harm to health, safety, public welfare, or the environment or to
create substantial hazards due to exposure to oil and/or hazardous material without
the prior evaluation by a Licensed Site Professional in accordance with 310 CMR
40.1080,and without additional response actions,if necessary,to maintain a condition
of No Significant Risk.
If the activities, uses, and/or exposures upon which this Notice is based change
without the prior evaluation and additional response actions determined to be
necessary by a Licensed Site Professional in accordance with 310 CMR 40.1080, the
owner or operator of the Portion of the Property subject to this Notice at the time that
the activities, uses and/or exposures change, shall comply with the requirements set
forth in 310 CMR 40.0020.
6. Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This
Notice shall be incorporated either in full or by reference into all future deeds,
easements,mortgages,leases,licenses,occupancy agreements or any other instrument
of transfer,whereby an interest in and/or a right to use the Property or a portion thereof
is conveyed in accordance with 310 CMR 40.1074(5).
Owner hereby authorizes and consents to the filing and recordation and/or registration
of this Notice, said Notice to become effective when executed under seal by the
undersigned Licensed Site Professional, and recorded and/or registered with the
appropriate Registry of Deeds.
Conway Realty Trust is recorded in the Hampshire County Registry of Deeds in Book 1345, Page
290.
r
(vi) Such other activities and uses not identified in Paragraph 2 as being
Activities and Uses Inconsistent with maintaining No Significant Risk Conditions.
2. Activities and Uses Inconsistent with Maintaining No Significant Risk. The
following Activities and Uses are inconsistent with maintaining a Permanent Solution
and a condition of No Significant Risk pursuant to 310 CMR 40.0000, and, as such,
may not occur on the Portion of the Property:
(i)Use of the Portion of the Property as a residence, school(with the exception of
adult education), daycare, nursery, recreational area (such as park or athletic
fields),and/or any other use at which a child's presence may result in contact with
contaminated soil;
(ii) Use of the Portion of the Property for the growing of produce and/or the
raising of livestock for human consumption; and
(iii) Non-emergency excavation and removal/relocation of the soil greater than
one(1)foot below grade,without prior development and implementation of a Soil
Management Plan and an LNAPL Management Plan in accordance with
Obligations and Conditions (i) in Paragraph 3 as set forth below and without
completion of the activity in accordance with the MCP.
3. Obligations and Conditions. The following obligations and/or conditions are
necessary and shall be undertaken and/or maintained at the Portion of the Property to
maintain a Permanent Solution and a condition of No Significant Risk:
(i) A Soil Management Plan and LNAPL Management Plan must be prepared by
an LSP prior to the commencement of any activity which results in the non-
emergency excavation of soil, regardless of the use of the Property. The Soil
Management Plan should describe appropriate management, characterization,
storage, transport and disposal procedures and include a description of the
engineering controls and air monitoring procedures necessary to ensure that
workers and receptors in the vicinity are not affected by fugitive dust or
particulates. The LNAPL Management Plan should describe appropriate
containment, collection, recovery, storage and removal measures related to the
LNAPL identified at the Portion of the Property. A Release Abatement Measure
Plan prepared in accordance with the MCP which includes these components may
serve as the Soil Management and LNAPL Management Plans.Workers who may
come into contact with the impacted media should be appropriately trained on the
requirements of the Plan, and the Plan must remain available on-site throughout
the course of the project; and
(ii) If an enclosed, building is constructed on the Portion of the Property, such
building shall incorporate into the building design a system to mitigate or control
potential vapor migration into the building. The system shall be designed and/or
approved by an LSP. Following completion of the building, an assessment for
s
and described in Exhibit A-1, attached hereto and made a part hereof. The Portion of the Property
is shown on a plan recorded with the Hampshire Registry of Deeds in Plan Boo"-gLa
Plan;
WHEREAS, the Portion of the Property comprises part of a disposal site as the result
of a release of oil and/or hazardous material.
Exhibit B is a sketch plan showing the relationship of the Portion of the Property
subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing
within the limits of the Property and to the extent such boundaries have been established. Exhibit
B is attached hereto and made a part hereof; and
WHEREAS, one or more response actions have been selected for the Disposal Site in
accordance with M.G.L. c. 21 E ("Chapter 21 E") and the Massachusetts Contingency Plan, 310
CMR 40.0000("MCP"). Said response actions are based upon(a)the restriction of human access
to and contact with oil and/or hazardous material in soil and/or groundwater and/or (b) the
restriction of certain activities occurring in,on,through, over or under the Portion of the Property.
A description of the basis for such restrictions, and the oil and/or hazardous material release
event(s) or site history that resulted in the contaminated media subject to the Notice of Activity
and Use Limitation is attached hereto as Exhibit C and made a part hereof;
NOW, THEREFORE, notice is hereby given that the activity and use limitations set
forth in this Notice of Activity and Use Limitation are as follows:
1. Activities and Uses Consistent with Maintaining No Significant Risk Conditions.
The following Activities and Uses are consistent with maintaining a Permanent
Solution and a condition of No Significant Risk and,as such,may occur on the Portion
of the Property pursuant to 310 CMR 40.0000:
(i) Commercial and industrial uses and activities, including continued use as a
petroleum storage and dispensing facility;
(ii) Emergency repair and/or maintenance of existing utilities;
(iii) Non-emergency excavation of soil at depths greater than one (1) foot below
grade, provided it is conducted in accordance with the MCP, a Soil Management
Plan, and a Light Nonaqueous Phase Liquid (I,NAPL) Management Plan in
accordance with Obligations and Conditions in Paragraph 3 of this Notice;
(iv) Construction of a building, as long as such activities are performed in
accordance with the Obligations and Conditions described below in Paragraph 3;
(v) Such other activities or uses which, in the Opinion of a Licensed Site
Professional, shall present no greater risk of harm to health, safety, public welfare
or the environment than the activities and uses set forth in this Paragraph; and
F
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III11161IIIIIVIIIIII
III�IIII�III
2018 0002126 11111
0
8k: 13105Pg:322 Page: 1 of 10
Recorded: 10/19/2018 11:43 AM
Form 1075
Note: Pursuant to 310 CMR 40.1074(5), upon transfer of any interest in or a right to use the
property or a portion thereof that is subject to this Notice of Activity and Use Limitation,the
Notice of Activity and Use Limitation shall be incorporated either in full or by reference into
all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other
instrument of transfer. Within 30 days of so incorporating the Notice of Activity and Use
Limitation in a deed that is recorded or registered, a copy of such deed shall be submitted to
the Department of Environmental Protection.
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, § 6 and 310 CMR 40.0000
Disposal Site Name: Conway Realty Trust
DEP Release Tracking No.(s): 1-0018830
This Notice of Activity and Use Limitation ("Notice") is made as of this 11 th day
of September , 2018, by Conway Realty Trust, 300A King Street, Northampton,
Massachusetts, together with his/her/its/their successors and assigns (collectively "Owner").
WITNESSETH:
WHEREAS, Conway Realty Trust is the owner(s) in fee simple of that certain parcel
of land located in Northampton, Hampshire County, Massachusetts with the buildings and
improvements thereon,pursuant to a deed recorded with the Hampshire Registry of Deeds in Book
2713, Page 315;
WHEREAS, said parcel of land,which is more particularly bounded and described in
Exhibit A,attached hereto and made a part hereof("Property")is subject to this Notice of Activity
and Use Limitation. The Property is shown on a plan recorded in the Hampshire Registry of Deeds
in Plan Book, , Plan ;
WHEREAS, a portion of the Property ("Portion of the Property") is subject to this
Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded
2q� - ol
O'ReillyJalbot & Okun .�N� of v
f V : V I{ "J4 , 4 , t
W
October 22, 2018
J2266-01-02
Northampton Building Department RECEIVED
212 Main Street
Northampton, MA 01060 NOV 1 3 2018
Attn: Merridith O'Leary
Director of Public Health
DE NORTHAMD ON:INSPE:CTIONS
A0060
Re: RTN 1-18830
Public Notice
300A King Street
Northampton, Massachusetts
This letter provides notification that a Permanent Solution with Conditions report has been
filed with the Massachusetts Department of Environmental Protection for the above
referenced property. As part of this filing, an Activity and Use Limitation (AUL) has been
recorded for the property due to a fuel oil release. As described in the AUL, the limitations
needed to maintain a condition of No Significant Risk are:
1. The AUL area would be restricted to commercial or industrial activities and not be
used as a residence, school, daycare or playground, or for the growing of produce
and/or the raising of livestock for human consumption;
2. A soil management, health and safety and LNAPL management plan would be
developed by an LSP prior to any construction or excavation which involved soil
disturbance and/or off-site disposal of Site soils from depths of greater than one foot
below grade in the AUL area; and
3. If an enclosed building is constructed within the AUL area, such building shall
incorporate into the building design a system to mitigate or control potential vapor
migration into the building.
A copy of the report can be obtained by entering the release tracking number(RTN 1-18830)
at http://public.deD.state.ma.us/SearchableSites2/Search.aspx. To meet the requirements of
310 CMR 40.1403(7)(a)a complete copy of the AUL and a copy of the legal notice describing
the AUL are attached.
Very truly yours,
O'Reilly,Talbot&Okun Associates, Inc.
Ata4 /-a. "
Bruce H. Nickelsen
Associate
Attachment: Notice of Activity and Use Limitation, Legal Notice
a :j .. .. ." ; ) I :" Fv .