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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 lllllill►1i►11111illlli ' '' 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 .