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HomeMy WebLinkAboutHigh St. (Electric Storage)itWOODARD &CURRAN Engineering - Science = Operations October 3, 2005 Scott Leite, Health Agent Mansfield Board of Health Six Park Row Mansfield, MA 02048 CORPORATE OFFICES: Maine, Massachusetts, New Hampshire, Connecticut, Illinois, Florida Operational offices throughout the U.S. RE: Notification of Availability of Phase II Comprehensive Site Assessment Report Mansfield ElectricDepartment High Street Plant 7 FIansfteld,`Massachu"setts MADEP Release Tracking Number 4-16123 Dear Mr. Leite: This letter is sent to you to fulfill the public notification requirements established by the Massachusetts Contingency Plan (MCP; 310 CMR 40.0000). In accordance with the public notification requirements described in 310 CMR 40.1403 (3)(e), we are notifying you that a Phase II Comprehensive Site Assessment (CSA) Report has been prepared for the above -referenced property, and copies of the report are available for your review. If you have any questions regarding this notification, or would like to review a copy of the Phase II CSA Report, please contact Duff Collins at Woodard & Curran, 980 Washington Street, Suite 325, Dedham, MA 02026 or by telephone at (800) 446-5518. Sincerely, WOODARD & CURRAN INC. nil R. Duff Collins Licensed Site Professional LJW/Ijw 218071.01 cc: Gary Babin, Director, Mansfield Electric Department Massachusetts Department of Environmental Protection, Southeast Regional Office 980 Washington Street, Suite 325 ® Dedham, Massachusetts 02026 1 781-251-0200 It 781-251-0847 (Fax) 1-800-446-5518 ® www.woodardcurran.com PENNEY ENGINEERING, INCH Environmenta(fCivit Engineers & Scientists March 18, 2002 Mr. John O. D'Agostino, Town Manager TOWN OF MANSFIELD Six Park Row Mansfield, MA 02048 (508)261-7370 Rc: Mansfield Electric Department DEP Release Tracking Number 4-16123 Dear Messrs. D'Agostino and Leite: Mr. Scott Leite,Health Agent TOWN OF MANSFIELD Six Park Row Mansfield, MA 02048 (508)261-7370 r On behalf of the Mansfield Electric Department and in accordance with the public involvement requirements specified in 310 CMR 40.1403(6), Penney Engineering, Inc is hereby providing notification to your offices that the enclosed legal notice shall be published in the Attleboro Sun Chronicle on March 22, 2002. The property located at the High Plant outdoor storage area has been recommended for classification as a Tier II disposal site. No imminent hazards to the health and welfare of the public have been identified at the property. Your offices were previously notified of the availability of the Phase I Initial Site Investigation Report and Tier Classification Submittal by our March 15, 2002 letter. Yours truly, 4W op Ralph P. Penney, PE, LSP President Enclosure cc: Mansfield Electric Department Jonathan D. Kitchen Project Manager 125 Nigh street, Mansfield, MA 02048 (508) 261-1288 ^ FAX (508) 261-1208 web: www.PenneyEng.com email: salesL,Pen neyEng.com NOTICE OF AN INITIAL SITE INVESTIGATION AND TIER II CLASSIFICATION Mansfield Electric Department High Street Plant Release Tracking Number 4-16123 Pursuant to the Massachusetts Contingency Plan (310 CMR 40.0480), an Initial Site Investigation has been performed at the above referenced location. A release of oil and/or hazardous materials has occurred at this location, which is a disposal site (as defined by MGL c. 21 E, Section 2). This site has been classified as Tier II, pursuant to 310 CMR 40.0500. Response actions at this site will be conducted by the Mansfield Electric Department who has employed Ralph P. Penney, LSP to manage response actions in accordance with the Massachusetts Contingency Plan (310 CMR 40.0000). MGL c. 21E and the Massachusetts Contingency Plan provide additional opportunities for public notice of and involvement in decisions regarding response actions at disposal sites: 1) The Chief Municipal Official and Board of Health of the community in which the site is located will be notified of major milestones and events, pursuant to 310 CMR 40.1403; and 2) Upon receipt of a petition from ten or more residents of the municipality in which the disposal site is located, or of a municipality potentially affected by a disposal site, a plan for involving the public in decisions regarding response actions at the site will be prepared and implemented, pursuant to 310 CMR 40.1405. To obtain more information on this disposal site and the opportunities for public involvement during its remediation, please contact Ralph P. Penney, LSP, Penney Engineering, Inc, 125 High Street, Mansfield, MA 02048 at (508) 261-1288 Ext 202. okWOODARD &VURI-1A V Engineering = Science , Operations February 17, 2006 Scott Leite, Health Agent Mansfield Board of Health Six Park Row Mansfield, MA 02048 CORPORATE OFFICES: Maine, Massachu: New Hampshire, Connecticut, Illinois,'Fh Operational offices throughout the Subject:. Notification of Response Action Outcome Statement and Notice of Activity and Use Limitation Mansfield Municipal Electric Department High Street Plant Storage Yard Mansfield, Massachusetts MADEP Release Tracking Number: 4-16123 Dear Mr. Leite: �( 2 The propose of this letter is to inform you that, on behalf of the Mansfield Municipal Electric Department (MMED), Woodard & Curran has submitted a Class A3 Response Action Outcome Statement (RAO) to the Massachusetts Department of Environmental Protection (MADEP) for the subject site. In addition, on February 14, 2006, a Notice of Activity and Use Limitation (AUL), a copy of which is enclosed, was recorded with the Bristol County Registry of Deeds. The AUL affects the MED High Street Plant storage yard property located on High Street in Mansfield, Massachusetts 02048. It identifies certain activities and uses which are inconsistent with maintaining a condition of No Significant Risk at the subject. property. Such activities and uses are so identified in order to prevent exposures to soil contaminated with petroleum compounds, metals, and polychlorinated biphenyls (PCBs) located at the property..,The AUL identifies those activities and uses which are consistent with maintaining a, condition of No.Significant Risk and those obligations and conditions necessary to ensure that a condition of No Significant Risk continues to exist at the property for the foreseeable future. These documents are available for review at the MADEP Southeast Region located at 20 Riverside Drive, in Lakeville. The RAO Statement has been submitted to the MADEP to fulfill the requirements of the Massachusetts Contingency Plan (MCP) (310 CMR 40.0000). The MCP regulates the investigation and remediation of sites where a release of oil and/or hazardous material has been released to the environment. The filing of Class A-3 RAO Statement and AUL, signed by the Licensed Site Professional (LSP) of Record indicates that a Condition of No Significant Risk of harm to health, safety, public welfare or the environment exists at the site and a permanent solution has been achieved. 980 Washington Street, Suite 325 ® Dedham, Massachusetts 02026 It 781-251-0200 e 781-251-0847 (Fax) 1-800-446-5518 1 www.woodardcurran.com ANA his public notification is being provided pursuant to the Massachusetts, Contingency Plan, 310 CMR 40.1090, 310 CMR 40.1403(7)(a), and 310 CMR 40.1403(3)(e & f). If you have any questions, please contact the undersigned at (978) 557-8150. Sincerely, Woodard & Curran Inc. R. Duff Collins Licensed Site Professional cc: MADEP Southeast Regional Office Mansfield Municipal Electric Department RAO-AUL Pub officals notice.doc \/ A true copy 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION By photostatic process ItK 156'21 02/ 14 06 Form 1075 PAGE 1 OF Bristol County N.D. Register of Deeds NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. C. 21E, §6 AND 310 CbIR 40.0000 Disposal Site Name: Mansfield Electric Department High Street Plant Storage Yard. Mansfield, Massachusetts DEP Release Tracking No.(s) 4-16123 PG 112 12:25 7819 14 This Notice of Activity and Use Limitation ("Notice") is made as of this 141h day of February, 2006, by the Mansfield Municipal Electric Department, with a mailing address Six Park Row, Mansfield, MA 02048, together with his/her/iWthe r successors and assigns (collectively "Owner"). WITNESSETH; WHEREAS, Mansfield Electric Department, of Mansfield, Bristol County, Massachusetts is the owner in fee simple of that certain parcel of land located in Mansfield, Bristol County, Massachusetts, with the buildings and improvements thereon ("Property"); - 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 registered with the Bristol County Registry of Deeds/Land Registration Office on Plan in 6ocak.1520A F08e n(o WHEREAS, the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site exisiting within the limits of the Property (to the extent such boundaries have been established). Exhibit B is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c.21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 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 Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion"), dated January 17, 2006, (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: I. 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 4nd uses occur on the Property: (i) Activities and uses on the Property involving industrial or commercial operations including, but not limited to, offices, retail business, garages, vehicular and pedestrian traffic, landscaping, and routine maintenance of landscaped areas; Emergency repair work to existing subsurface utilities 310 CMR - 1764 BK 15621.PG 113 310 CMR: DEPARTMENT OF ENVMONMENTAL PROTECTION FORM 1075: continued (iii) Short-term (6 months or fewer) construction, development and/or other subsurface activities, provided that such work is conducted in accordance with the management procedures given at 310 CMR 40.0030, any applicable worker and public health and safety practices pursuant to 310 CMR 40.0018, and managed in accordance with Obligations (i) and (ii) of this Opinion; (iv) Activities and uses which are not identified in this Opinion as being inconsistent with maintaining a condition of No Significant Risk; and ` (v) 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. Acbvities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Use of the Property as a residence, school, daycare, nursery, playground, recreational area, etc. where a child is likely to be present on a routine basis and engage in high intensity activities (e.g., playing outside) that have the potential to result in disturbance of or direct contact with site soils; Activities and/or uses that are likely to involve the removal and/or disturbance of soil, without die prior development and implementation of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i) and (ii), of this Opinion; (iii) Agricultural activities that utilize impacted subsurface soils for the growing of produce for consumption; and (iv) Any long term (more than 6 months) activity involving disturbance of soil unless such activity is evaluated by a Licensed Site Professional who renders an Opinion that states that such disturbance is consistent with maintaining a condition of No Significant Risk. - 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) Implement a Soil Management Plan, consistent with 310 CMR 40,0030 and prepared by a Licensed Site Professional, if soil at the Property is disturbed or excavated. The Soil Management Plan mast describe appropriate soil excavation, handling, storage, transport, and disposal procedures and include a description of the engineering controls and environmental monitoring procedures, if any, necessary to ensure that workers and receptors in the vicinity are not affected by construction. On -site workers must be informed of the requirements of the 8011 Management Plan, and the plan must be available on -site throughout the course of the project; and Implement a Health and Safety Plan, pursuant to 310 CMR 40.0018 and prepared by a certified Industrial Hygienist, or other qualified individual sufficiently trained in worker health and safety requirements, if soil at the Property is disturbed or excavated. The 310 CMR - 1704 BK 15621 PG 114 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION FORM 1075: continued Health and Safety Plan must specify the type of personal protection, engineering controls, and environmental monitoring necessary (if any) to prevent worker exposures to soil. Workers must be informed of the requirements of the Health and Safety Plan and the plan must be available on -site throughout the course of the project. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property that may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40,1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq., the owner or operator of the 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. Owner hereby authorizes and consents to the filing and recordation and/or registration of the Notice, said Notice to become effective when executed under sea] by the undersigned LSP, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). 310 CMR - 1704 BK 15621 PG 115 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION FORM 1075: continued �k WYTNESS the execution hereof under seal this '� day of Z !t,— �, 2006 VOwn�C�.uA COMMONWEALTH OF MASSACHUSETTS fislal ss S ^' S 2006 Then personally appeared the above named C'� `r 32}�7 ^ and acknowledged the' foregoing instrument to be his/her (free act and deed before me, p� tJi:(�rry - Public +c—r`Not Public: ,A,rComml i Massachusetts My Commission [pJa M Commission Expires: „ May The undersigned LSP hereby certifies that he/she executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his/her Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. ��c� pppAPA4 Date: "]A' `n//a RI//n�Ir' l,�Ltcrt/SHOFb!� Name of LSP R [LSP SEAL] � p DUFF .4 o COLLINS e No, 6314 COMMONWEALTH OFMASSACHUSETTS J�. ( vv ss `~ � � % , 2006 Then personally appeared the above namedTU Y/Wrnd acknowledged the foregoing instrument to be his/her free act and deed before me, Notary Public: (((}}} My Commission fixpires?.. o Upon record' g, return to: Mansf d Electric Department, Six Park Row, Mansfield, Massachusetts 02048 310 CMR - 1704 15621 PG 116 m1520 FME286 P PLAN OF LAND /N MANSF/ELO,MASS. H Owned by. Doren Really Tra,f doors, k Poor Pr L$, p Parker St Minsf/dd. Mneo. Scope/M. s l0 fh Fo&rd, 19ds X)&.4jrq f A,reby cir/ify /Aaflh, prop,My //m, shorn and/m, diwdinp.8r/ins nnmrMlp,and/M�LR N,✓/Nb fine, of drools andrays sh.,n an thouofpabk,,that nerd non,Nim, for dhision o/oN,finp rfht . »n,rship x faro rays er s rn. QC lVIQ! 0 F,A 26 /96e ,p _ ,,Nf. y are. tE RUMFORO AVENUE u�.,NO t;9 �VISicJ,4.�1�`d S u1`7 \I.�,f ` LNE W RIVER" J l ry' , Jrx ` L 1.2t Aervi h w N .aDe O I.. h H N k3 axc4 2 + d lYE N u• so' „w ST CyURCH raoa srREET 1 :'LU BK 15621. PG 117 00.1520 )6.0 PAOE2,86 BRISTOLies. ORDER OF TARING .TOWN OF'MANSFIELD BOARD OF SELECTMEN May 15, 196B r Ordered, that, whereas at the Special Town Meeting held April 1, 1960 it was determined by the voters of the Town of Mansfield that the public necessity required additional land for municipal light purposes and whereas the Board of Selectmen ! has approved as suitable, the land hereafter described and a , sufficient sum has been appropriated therefor, the following parcel of land in said Mansfield be and hereby is taken in fee simple by the Town of Mansfield, under the provisions of Chapter 79 of the General Laws of this Commonwealth for the municipal light purposes, namely; A certain parcel of land on the westerly side uf'High Street bounded and described as follows; Beginning at a point in the westerly line of High Street, said point bein8 in the center line of the Rumford River, thence South 25 - 06' - 21" west by said. High Street 25' more or less, to a point; thence South 200 - 09' - 22" West by said High Street 242.00' to a point at the inter- section of the westerly line of High Street and the north- erly line of West Church Street, thence, North 560 - 50' - 56" West in the northerly line of West Church Street 245.13 j feet to a stone bound; thence North 260 - 34'- 22" East In the easterly line of West Church Street 191!, more or less, to a point In the center line of said Rumford River; thence, easterly by the center line of said Rumford River 207', more or less, to a turn; thence still by the center line of said River 14', more or less to the point of beginning. Said parcel contains 1.2 acres more or less. Being the same parcel shown on a plan of land entitled," Plan of Land in Mansfield, Mass. Owned by Doren Realty Trust, George H. Poor P.E.L.S., 6 Parker Street, Mansfield, Mass. Scale: 1 in. - 40 feet, February 26, 1968", which plan is to be recorded herewith. All trees shown on the above described parcel, of land are Included in this taking. ' i The parcels of land hereby taken in fee simple and all as shown on the plan hereinbefggqqre referred to are supposed to be i owned by the following named] persons, who are awarded the follow- j BK 15621 PG 118 1ng "m of money for damages caused by the taking; Owner Area Taken Award Doren Realty Trust l/ Industrial Finance Corporation,} 1.2 acres + $5.200.00 Mortgagee J i The names of the owners herein given, although supposed to i be correct are eych only as a matter of opinion and belief. 1 Jil � 1 foord of selectman Town of Miinafield I' 00MAY 171968 AT II.05 AM AND DECDRDED 000A520 BK 15621 PG 119 \ It / \r \ \ ' r WFSl cfl r . OROFI.$TR�E,7 PARK\rG ARE ,lp, � r r ' m � r , r 4 1 m r 2 i r � r , ' i � r RUMFORD RIVER -+-- r M fill, I ,IM; p P 1 3 MANSFEW ELECTRIC DEPARTMENT SKETCH PLAN — EXHIBIT B ACTIMW AND VS LIMITATION WO TT & CURRAN • E;!'r„arin.R �..aan �6.iJp'.,;ix.i; BK 15621 PG 120 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION Site Name: High Street Plant, Mansfield DEP Release Tracking No. 4-16123 In accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation (AUL) Opinion has been prepared to support a Notice of Activity and Use Limitation for the Disposal Site located at the Mansfield Municipal Electric Department High Street Plant, in Mansfield Massachusetts (the "Site'). SITE HISTORY The Disposal Site, identified as RTN 4-16123 comprises the Mansfield Municipal Electric Department (MMED) High Street Plant outdoor storage yard property, which is located at the intersection of West Church Street and High Street, Mansfield, MA. The Site and surrounding properties have a long history of industrial use by MMED and others. Currently, the Site is used as an unpaved parking lot and storage area by MMED. The Site and surrounding properties once consisted of wetland areas associated with the Rumford River, which were historically filled to provide developable land. Fill materials containing coal, ash, slag, brick, metal, and other anthropogenic materials are located between approximately one foot and six feet bgs over much of the Site. This urban fill material likely resulted from the disposal of waste materials from nearby historical manufacturing facilities. Soils located above the water table at the Site are impacted by EPH carbon fractions, PAHs, metals, and low concentrations of PCBs, which are primarily associated with constituents present in the fill materials at the Site. The presence of petroleum -related compounds in shallow soils may have also resulted from historical releases at the ground surface. Site groundwater has been minimally impacted by constituents in the fill material that is located above the water table, or by historical surficial releases. Low concentrations of EPH carbon fractions and barium have been detected in Site groundwater. Low levels of VOCs and 4,4-DDE resulted from historical use of surrounding properties for manufacturing operations. detected in Site groundwater are likely representative of area background concentrations that have REASON FOR ACTIVITY AND USE LIMITATION A Method 3 Risk Characterization was completed in accordance with the Massachusetts Contingency Plan (MCP) to quantitatively evaluate potential risks to human health, safety, public welfare, and the environment. Potential exposure scenarios evaluated included a Youth trespasser and adult facility worker exposed to OHM in soil, and both a short-term construction and utility worker exposed to 014M in soil, groundwater and ambient air. The results of the Method 3 Risk Characterization demonstrated that a condition of No Significant Risk to human health, safety, public welfare, and the environment has been achieved at the Site for current and foreseeable future uses, assuming the implementation of an Activity and Use Limitation (AUL) that will simply affirm the continued use of the Site for commercial or industrial purposes. The Risk BK 15621 PG 121 Characterization concluded that residual concentrations of constituents in soils and groundwater pose No Significant Risk to youth trespassers, adult facility workers, utility workers and construction workers. However, absent the AUL, a level of No'Significant Risk is not supported for future unrestricted activities and uses of the Site such as those that may result in future residential exposure to soils via dermal contact and incidental ingestion or through ingestion 'of vegetables harvested from Site soil. Therefore, in order to achieve a level of No Significant Risk for future foreseeable site activities and uses of the Site, an Activity and Use Limitation is necessary to ensure that soils and groundwater remain inaccessible to residential receptors and these exposure pathways remain incomplete. Activities that may result in the disturbance of impacted soils must also be restricted in order to ensure that workers are informed of the presence of chemical constituents in the subsurface, to prevent exposures which may pose a Significant Risk to sensitive receptors, and to ensure that contaminated soil is managed in accordance with the MCP at 310 CMR 40.0030. In order to ensure that a condition of No Significant Risk is maintained at the Site, an AUL is necessary to "lock in" the assumptions and restrictions of the Risk Characterization regarding future Site activities and uses. This AUL is applicable to the entire disposal Site, as described in Exhibit A and depicted in Exhibit B. 1. ACTIVITIES AND USES CONSISTENT WITH THE AUL OPINION The following activities and uses are permitted at the Site: (i) Activities and uses on the Property involving industrial or commercial operations including, but not limited to, offices, retail, business, garages, vehicular and Pedestrian traffic, landscaping, and routine maintenance of existing landscaped areas; (ii) Emergency repair work to existing subsurface utilities; (iii) Short-term (6 months or less) construction, development and/or other subsurface activities that will disturb or relocate soil, excepting routine landscaping as noted in 1.(i) and emergency utility work as described in L(ii), provided that such work is conducted in accordance with the management procedures set forth at 310 CMR 40.0030, any applicable worker and public health and safety practices pursuant to 310 CMR 40.0018, and managed in accordance with Obligations (i) and (ii) of this Opinion; (iv) Activities and uses which are not identified in this Opinion as being inconsistent with maintaining a condition of No Significant Risk; and (v) 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. BK 15621 PG 122 2. ACTIVITIES AND USES INCONSISTENT WITH THE AUL OPINION Activities and uses which are inconsistent with the assumptions of the risk characterization, and which, if implemented at the Site, may result in a significant risk of harm to human health, safety, public welfare, or the environment are as follows: (i) Use as a residence, school, daycare, nursery, playground, or recreational area where a child is likely to be present on a routine basis and engage in high intensity activities that have the potential to result in the disturbance of, or prolonged direct contact with, site soils; (ii) Activities and/or uses which are likely to involve the removal and/or disturbance of the OHM -impacted soil, with the exceptions noted in 1.0) and 1.00, without the prior development and implementation of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i) and (ii) of this Opinion; (iii) Agricultural activities that utilize impacted subsurface soils for the growing of produce for consumption; and (iv) Any long term (greater than 6 months) activity involving disturbance of soil in the Portion of the Property unless such activity is evaluated by a Licensed Site Professional who renders an Opinion that states that such disturbance is consistent with maintaining a condition of No Significant Risk. 3• OBLIGATIONS AND CONDITIONS SET FORTH IN THE AUL OPINION If applicable, obligations and/or conditions to be undertaken and/or maintained at the Site to maintain a condition of No Significant Risk as set forth in this AUL Opinion shall include the following: (i) Implement a Soil Management Plan, consistent with 310 CMR 40.0030 and prepared by a Licensed Site Professional, if soil at the Property is disturbed or excavated, with the exceptions described in Paragraph 1 above. The Soil Management Plan must describe appropriate soil excavation, handling, storage, transport, and disposal procedures and include a description of the engineering controls and environmental monitoring procedures, if any, necessary to ensure that workers and receptors in the vicinity are not affected by construction. On- site workers must be informed of the requirements of the Soil Management Plan, and the plan must be available on throughout the course of the project; and (ii) Implement a Health and Safety Plan, pursuant to 310 CMR 40.0018 and prepared by a certified Industrial Hygienist, or other qualified individual sufficiently trained in worker health and safety requirements, if soil at the Property is disturbed or excavated with the exceptions described in Paragraph 1 above. The Health and Safety Plan must specify the type of personal protection, engineering controls, and environmental monitoring necessary (if any) to prevent worker exposures to soil. Workers must be informed of the requirements of the Health ._ ..... BK 15621 PG 123 and Safety Plan and the plan must be available on -site throughout the course of the project. LSP CERTIFICATION Name of Organization: Woodard & Curran Inc. LSP Name: R. Duff Collins Title: Senior Vice President Telephone: (781) 251-0200 I attest that I have personally examined and am familiar with the information contained in this Activity and Use Opinion, including the Risk Characterization and Notice of Activity and Use . Limitation accompanying this attestation, and in my professional judgment, the Risk Characterization, Notice of Activity and Use Limitation, and this Activity and Use Limitation Opinion comply with the provision of M.G.L. C. 21A, H 19-19J, 309 CUR, M.G.L. c. 21 E, 310 CMR 40.0000 and all other laws, regulations, orders; permits, and approvals applicable to such ficant penalties may result, including, but not limited to, response actions. I am aware that signi possible fines and imprisonment, if I Willful inaccurate, or incomplete. ly submit information which I know to be false, A LSP Signature: rgr _LSP Seal: Date: (��' ��--�License Number: 6314 BK 15621 PG 124 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) OPINION FORM Pursuant to 310 CMR 40.1056 & 40.1070 - 40.1084 (Subpart J) A. DISPOSAL SITE LOCATION: I. Disposal site Name: High Street Plant z. Street Address: High Street I. Ctyfrown: Mansfield 4. ZIP code: 02048-0000 THIS FORM IS BEING USED TO: (check one) L . BWSC113A Release Tracking Number 44 - 16123 10 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074. 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response ❑ Action Outcome Statement, pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A and C do not need to be completed. ❑ 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081(4). ❑ 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3). ❑ 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(1)(d). (❑ 6. Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. ❑ 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1081(3). ❑ 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(2). ❑ 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(1)(c). ❑ 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation, pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form (BWSC113A) must be completely filled out, printed, stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) AUL INFORMATION: Is the address of the property subject to AUL different from the disposal site address listed above? 2 a. No ❑ b. Yes If yes, then fill out address section below. Street Address: Cilyfrown: 4. ZIP Code: Revised: 06/27/2003 , Page 1 of BK 15621 PG 125 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) OPINION FORM Pursuant to 310 CMR 40.1056 & 40.1070 - 40.1084 (Subpart J) LSP SIGNATURE AND STAMP: BWSC113A Release Tracking Number 4E - 16123 I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of (1) the standard of care in 309 CMR 4.02(1), (11) the applicable provislons of 309 CMR 4.02(2) and (3), and 309 CMR4.03(2), and (iii) the provisions of 309 CMR 4.03(3), to the best of my knowledge, information and belief, > If Section B indicates that a Notice ofActivity and Use Limitation /s being registered and/orrecorded, 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. 21 E and 310 CMR 40.0000 and (it) complies with 310 CMR 40.1074; > if Section B indicates that an Evaluation of Changes in Land Uses/Activ7lies and/or Site Conditions after a Response Action Outcome Statement is being submitted, this evaluation was developed in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (11) complies with 310. CMR 40.1080; > if Section B indicates that anAmended Notice ofActivlty and Use Limitation orAmendment to a Grant ofEnvironmental provided In accordance with the applicable provisions of MRestriction is being registered and/or recorded, the Activity and Use Limitation that is the subject of this submittal (i) is being .G.L. c. 21E and 310 CMR 40.0000 and (it) complies with 40.1081; > If Section B indicates that a Termination Ora Partial Termination of a Notice of Activity and Use Limitation, Ora Release or Partial Release of Grant of Environmental Restriction is being registered 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 (it) complies with 310 CMR 40.1083; > if Section B indicates that a Grant of Environmental Restriction is being registered and/orrecorded, 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 (H) complies with 310 CMR 40.1071; > if Section B indicates that a ConfirmatoryActivity and Use Limitation is being registered and/or recorded, the Activity and Use Limitation that is the subject of this submittal (I) is being provided in accordance with the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000 and (it) complies with 310 CMR 40.1085(4); 1 am aware that significant penalties may result, including, but not limited to, possible fines and Imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete. LSP#: 6314 First Name: R. Duff 3. Last Name: uollln_. S Telephone: (781) 251-0200 5. Ext.: s FAX. (781)251-0847 Signature: LSP Stamp: Revised: 06/27/2003 8. Date: MnVdd/yyyy Page 2 of 2 End of Document