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HomeMy WebLinkAboutNorth Main St. #751 - 9/16/2006CH2MHILL September 18, 2006 Mr. Scott Leite Board of Health Mansfield Town Hall 6 Park Row Mansfield, MA 02048 CH2M HILL 25 New Chardon Street Sidle 300 Boston, MA 02114-4770 {\ �� Tel 617.523.2260 Fax 617.723.9036 Subject: Notice of Submittal of Confirmatory and Amended Activity and Use Limitations for Sasol North America Inc:, 751 North Main St, Mansfield, Massachusetts Dear Sir: This letter is to inform you that Sasol North America Inc. (SNA) has registered three Confirmatory and One Amended Notice of Activity and Use Limitations (AULs) at the Bristol County Registry of Deeds. The Confirmatory and Amended Notices of AUL have been applied to portions of the property located at 751 North Main Street, Mansfield, MA. The documents were prepared and recorded in accordance with the Massachusetts Contingency Plan (310 CMR 40.1403(a)) and, as such, a copy of each of the Confirmatory and Amended Notices of AUL are attached for your records. Should you have any questions regarding the AULs at the Sasol North America site, please do not hesitate to call me or John Rendall at 617.523.2260. Sincerely, CI-PM,IqILL Keith Ga y, c: Joe Ledvina, Sasol North America Ms. Kathryn Carvalho/MADEP John Rendall, CH2M HILL WDC010450003/l/EEB NOTLETTERS 2006.DOC -49-6"i ORY11075 �_-� , / �_«:�.. 310 CMR:40.1099 i ti r= Form 1075 CONFIRMATORY NOTICE OF ACTIVTPY AND USE LIMITATION M.G.L. c. 21E, §6 and 310 CMR 40.0000 Disposal Site Name: Sasol North America Inc. (formerly CONDEA Vista Company) DEP Release Tracking No. (s): 4-0107 Thi�Confirmatory oti/F�e of Activity and Use Limitation ("Notice") is made as of this%" day of /7C/ 2006, by Sasol North America of 900 Threadneedle Street, Houston, Texa 77079 togetfier with its successors and assigns (collectively °Owner"). WITNESSETH: WHEREAS, Sasol North America being a Delaware corporation with offices at 900 Threadneedle Street Houston, Texas 77079, is the owner in fee simple of that certain parcel of land located in Mansfield, Bristol County, and Foxborough, Norfolk 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 (AUL). The Property is shown on a plan recorded in Bristol County Registry of Deeds in Plan Book 112 and Page 74. WHEREAS, the Property comprises all of 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 Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site (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 210) 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 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 April 28, 2003, wMch is attached hereto as Exhibit C and made a part hereof; NOW, THEREFORE, notice is hereby given that the activity and use Emitatiom set forth in said ALL Opinion are as follows: 1. Permitted Activities and Uses Set Forth in the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time The language in this form is part of a promulgated regulation and cannot be modified in any way unless so noted (within brackets) in the form itself. W X]010150003/1/M e,C0NFRZM1fforml075 &. Ei K I r--; I =+ , I i r, FORM 1075 310 CZAR: 40.1099 (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Property: (i) Commercial and/or industrial uses and activities associated therewith, including, but not limited to, pedestrian and vehicular traffic, landscaping, and routine maintenance of landscaped areas which do not cause and/or result in the disturbance of surface or subsurface soils; (ii) Any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary within the Property, provided that the activity is conducted in accordance with a Soil Management Plan developed in accordance with Obligation (i) by a Licensed Site Professional (ISP) prior to the initiation of such activities, the soil management procedures of the MCP cited at 310 CMR 40.0030, all the applicable worker health and safety practices pursuant to 310 CMR 40,0018, and the Health and Safety requirements detailed in Obligation (ii); (iii) 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 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 or any portion of the property as a residence, school, daycare, or nursery; (ii) Any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary within the Property, which may result in direct contact with, disturbance, or relocation of soils containing residual constituents (Total Petroleum Hydrocarbons, phthalate compounds, lead, or antimony) currently located at the Property which is not conducted in accordance With Obligations (i) and (ii) of this Notice of AUL; (iii) Relocation of soils containing residual constituents (Tota: Petroleum Hydrocarbons, phthalate compounds, lead or antimony) currently located at the Property, unless such activity is first evaluated by a Licensed Site Professional who renders an Opinion which attests that a condition of The language in this form is part of a promulgated regulation and cannot be modified in any way unless so noted (within brackets) in the form itself. wDc010450003nases -,C0N GtN1Fomd075.dea 13K t-,Lrl/ t'(; >7 FORM 1075 310 CMR: 40A099 No Significant Risk of harm to human health, safety, public welfare, or the environment is maintained in accordance with the MCP; 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) A Soil Management Plan must be prepared by a Licensed Site Professional and implemented prior to the initiation of any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary at the Property; (ii) All the applicable worker health and safety practices set forth in 29 CFR 1910, 29 CFR 1926, and the MCP (310 CMR 40.0018) must be followed prior to and during any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary at the Property. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 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 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. Incorporat on Into Deeds, Mortgages, Leases and Instruments of Transfer.._ This Notice shall be incorporated either in full or by reference into all deeds, easements, mortgages, leases, licenses, occupancy agreements or any other The language in this form is pail of a promulgated regulation and cannot be modified in any way unless so noted (within brackets) in the form itself. WDC010450003/I/EER ,,C0NF1RMF.1075,doe W<_ i f> I H 7 P G 3 8 FORM 1075 310 CMR: 40.1099 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 this Confirmatory Notice, said Confirmatory Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. This Confirmatory Notice of Activity and Use Limitation supplements the Notice of Activity and Use Limitation dated April 28, 2003, and recorded with the Registry of Deeds in Book 12223, Page 203, as :follows: (i) provides documentation of the signatory authority as an exhibit to the Notice of Activity and Use Limitation, attached hereto as Exhibit E; and In all other respects the terms of the Notice of Activity and Use Limitation remain unchanged. �p 4=� 4}(iI�IESS. the execution hereof under seal this �T�I day of 2006. Sasol North America Inc. Owner y Vice Pre ' t, O erati s The language in this form is part of a promulgated regulation and cannot be modified in any way unless so noted (within brackets) in the form itself WDC010450003nifrni uCOTIFIRT,�orm1075 dcc t;K PG 39 FORM 1075 310 CMR: 40.1099 STATE OF TEXAS 2006 On this day of l f 2006, before me, the undersigned notary public, personally appeared P.L. Jernigan, prqved to me through satisfactory evidence of identification, which were /70�n 4 /i e to be the person whose name is singed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. As Vice President, Operations for Sasol North America, Inc. Notary Public: My Commission Expires: /O�-/ 7 - U MN NELSON MY coMMfSSION EXPIRES g'p Odobn17,20M The undersigned LSP hereby certifies that hej 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 O ft ion. Date: 6, &06 4�:a . John D. Rendall, LSP �AA"A JOHN D. RENOALL No- 9415. COMMONWEALTH OF MASSACHUSETTS CP nJ A S�4lt ss On this day of �e 2006, before me, the undersigned notary public, personally appeared John D. Rendall, provjjed to me through satisfactory evidence of identification, which were Gnaw Y� h� J 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. A Noy ny Public As LSP, for CH2M HILL The language in this form is part of a promulgated regulation and (within brackets) in the form itself. R'DC010450003/1/EEE eXONFIRMFm 1075&d SSlu=b J 2006 My modified in any way unless so noted 1, 1K L%]+u I PC; 40 EXHIBIT E signatory Authority WDC01045NOYI/EEB B rXHIBII GWC tii: t r, I :, / P(j d I SASOL NORTH AMERICA IDIC. INCUMBENCY AND AUTHORITY CERTIFICATE I, ANN FAFORD MCWATTERS, Assistant Corporate Secretary of Sasol North America Inc., a corporation validly organized and existing under the laws of the State of Delaware (the "Company"), DO HEREBY CERTIFY that: 1. Pat L. Jernigan is the Vice President, Operations of the Company, duly appointed and qualified by the Company, and authorized to execute documents and instruments on behalf of the Company; and 2. Pursuant to authority granted in the Bylaws of the Company and by the Authority Limitations, a Vice President shall have the power to execute all bonds, mortgages, contracts and any other instruments of the Company, and including specifically the authority to negotiate and conclude Safety, Health & Environment agreements with appropriate authorities. 3. Pat L. Jernigan was a Vice President of the Company with appropriate authority on April 28, 2003, when he signed the Activity and Use Limitation Agreement (Entire Site). WITNESS my hand and seal this 15th day of August, 2006. SASOL NORTH AdMERICA INC. By Q' - !� 6. J. M.'Wzh ,�_ S AnnFatordMcWatters Assistant Corporate Secretary Seal 0:vIcgaliarmUncumbeocy\Mans6etdSHElncumbI i r K I b Ii ." PG -0., 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) DISPOSAL SITE LOCATION: Disposal Site Name: Sasol North America Inc. (Entire Site AUL) Street Address: 751 North Main Street Mansfield City/Town! BWSCI'13A Release Tracking Number 107 4. ZIP Code: 02048-1432 B. THIS FORM IS BEING USED TO: (check one) ❑ 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). 0 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3). Ei 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. El 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 40A083(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 Bind/or registered with the Registry of Deeds and/or Land Registration Office.) AUL INFORMATION: is the address of the property subject to ALL different from the disposal site address listed above? 10 a. No ❑ b. Yes If yes, then fill out address section below. Street Address: City/Town: _ 4. ZIP Code: Revised: 06/27/2003 Page 1 of BK L6187 PG 4:5 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056 & 40.1070 - 40.1084 (Subpart J) - 9 07 LSP SIGNATURE AND STAMP: attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, icluding any and all documents accompanying this submittal. In my professional opinion and judgment based upon application �f (i) the standard of care in 309 CMR 4.02(1), (h) the applicable provisions of 309 CMR 4.02(2) and (3), and 309 CM R4.03(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 is being registered and/or recorded, the Activity and Use .imitation 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 (it) complies with 310 CMR 40.1074; if Section B indicates that an Evaluation of Changes in Land Uses/Activities andlor Site Conditions aftera Response Action )utcome Statement is being submitted, this evaluation was developed in accordance with the applicable provisions of M.G.L. c. 11E and 310 CMR 40.0000 and (11) complies with 310 CMR 40.1080; if Section B indicates that an Amended Notice ofActivity and Use Limitation orAmendment to a Grant of Environmental astriction is being registered and/or recorded, the Activity and Use Limitation that is the subject of this submittal (i) is being avided in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR. 40.0000 and (H) complies with 40.1081; if Section B indicates that a Termination or a Partial Termination of a Notice of Activity and Use Limitation, or a Release or rrtial Release of Grant of Environmental Restriction is being registered and/or recorded, the Activity and Use Limitation that 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 1, 0000 and (it) complies with 310 CMR 40.1083; if Section B indicates that a Grant of Environmental Restriction is being registered andlor recorded, the Activity and Use mitation that is the subject of this submittal (i) is being provided in accordance with the applicable provisions of M.G.L. C. 21 E id 310 CMR 40.0000 and (h) complies with 310 CMR 40,1071; if Section B indicates that a Confirmatory Activity and Use Limitation is being registered andlor recorded, the Activity and Use mitation that is the subject of this submittal (i) is being provided in accordance with the applicable provisions of M.G.L. c. 21E rd 310 CMR 40.0000 and (it) complies with 310 CMR 40.1085(4); 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- LSP : 9415 First Name: John Telephone: (617) 523-2260 Sign LSP Revised: 0612712003 3. Last Name: Rendall 5. Ext.: 228 6. FAX: (617) 723-9036 8. Date: /r, ZO06 mm/dd/yyyy End of Dormant Page 2 of 2 D . FOR1Vi 1075 l � r 310 C V1R: 40.1099 < PG Lag CONFIRMATORY NOTICE OF ACTIVITY AND USE LIMITATION 114.G.L. c. 21E, §6 and 310 CMR 40,0000 Disposal Site Name: Sasol North America Inc. (SNA) (formerly CONDEA Vista Com an DEP Release Tracking No.(s): 4-0107 Cox f rnhatory Notice of Activity and Use Limitation ("Notice") is made as of this day of {J e,- 2006, by Sasol North America, of 900 Threadneedle Street, Houston, Texag 77079, together with its successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, Sasol North America, being a Delaware corporation with offices at 900 Threadneedle Street, Houston, Texas 77079, is the owner in fee simple of that certain parcel of land located in Mansfield, Bristol County, and Foxborough, Norfoll< 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 (AUL). The Property is shown on a plan recorded in Bristol County Registry of Deeds in Plan Book 112 and Page 74. WHEREAS, a portion of the Property ('Portion of the Property") is subject to this Notice of Activity and Use L mitation. The Portion of the Property is more particularly bounded and described in Exh bit A-1, attached hereto and made a part hereof. The Portion of the Property (designated as AUL42) is shown on a plan dated March 5, 1999 and. revised June 17, 2002 and recorded in Bristol County Registry of Deeds in Plan Book 407 Page 15; 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 Linitation to the boundaries of said disposal site (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 Portion of the Disposal Site in accordance with M.G.L. c21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP") Said response actions are based upon (a) the restriction of huntian access to and contact with oil and/or hazardous material in soil and groundwater and/or (b) the restriction of certain activities occurring in, on, through, over or under the Portion of the Propeily. The basis for such restrictions is set forth in an Activity and Use Lunitation Opfihion ("AU( liclna a,x in this Corms part oia pr omnolyd ra,nittm<md uill1lotb; rnudih.l in a ly vLry Lill ._v,,u w lyd (within bmckan) m [he form itS21 f. VA)CO7 Di5LY!uzq,�GL' 2coNF7tUbQorui IOrSd<w FOKM 1076 310 CMR: -10J r") Opinion"), dated April23� 2 003 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. Permitted Activities and Uses Set Forth in the AUL Opinion. The AUL Opinion provides that a condition of No Significant Pisk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Portion of the Property: (i) Corrnercial and/or industrial uses and activities associated therewith, including, but not: limited to, pedestrian and vehicular traffic, landscaping, and routine maintenance of landscaped areas which do not cause and/or result in the disturbance of surface or subsurface soils; (ii) Activities and uses of the property in the designated AUL area that do.not cause and/or result in direct contact with or disturbance of soil containing residual constituents currently located below the Area 2 impermeable barrier. (id) Any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary witlin the designated AUL area, are permitted provided that the activity is conducted in accordance with. a Soil Management Plan prepared by a Lic used Site Professional prior to the initiation of such activities. In addition, these activities are permtted provided the soil management procedures of the MCP cited at 310 CMR 40.0030 and all the applicable worker health and safety practices pursuant to 310 CMR 40.0018 are implemented prior to and during such activities. (iv) Any other activities and uses which are not prohibited herein or in the Opinion of a Licensed Site Professional do not create a greater risk of harm to health, safety, and public welfare or the environment are also allowed. 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 sig ificant risk of harm to heatth, sa_feiy, public welfare, or the environment or in a substantial hazard, are as follows; I n-Jnn��ti�Ill(i ,firms uu,ot.'proinowitrCic; ui�u_�i mid _aiic_,.i edSh"dhLI), ua, uJ"s ,n no:,l (within brackets) ill the. lump itSeiP. WP(niO4100}II i3L1 2CONI XMFo'mi075 a" FORM t075 310 CMR: 40,1099 (i) Use of the property or any portion of the property as a residence, school, daycare, or nursery; (ii) Any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may result in direct contact with, disturbance, or relocation of soils containing residual constituents currently located below the Area 2 impermeable barrier within the designated AUL area are prohibited without the prior development of a Soil Management Plan and the appropriate health and safety procedures detailed in the MCP (310 CMR 40.0018). (iii) Relocation of the soil containing residual constituents currently located below the Area 2 impermeable barrier to a shallower depth within the designated AUL area is also prohibited unless such an activity is first evaluated by a Licensed Site Professional who renders and Opinion which attests that a condition of No Significant Risk of harm to human health, safety, public welfare, or the environment is maintained in accordance with the MCP. (iv) Removal of pavement is prohibited 3. Obiigatiorns 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) A Soil Management Plan must be developed by a Licensed Site Professional and implemented prior to commencement of any activity that is likely to disturb the polycyclic aromatic hydrocarbons (PAH's), lead, and antimony -containing soil located beneath the pavement. The Soil Management Plan should describe appropriate soil excavation, handling, 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. On -site workers: must be informed of the requirements of the Soil. Management Plan, and the plan must be available on -site throughout the course of the project; (h) All the applicable worker health and safety practices set forth in 29 CFR 1910, 29 CFR 1926, and the MCP (310 CMR 40.0018) must be followed prior to and during any subsurface, utifity, and/or construction activities including, but not linuted to excavation and subsurface Grilling, which rri_iy be deemed nececsary ;vrhin the Ch in this form is par of a proroal aiad reann"nd rmn ut be rnodificd in env wa n das> , nw-ie� (within brackus) in tha form iWalf. WDC0Jc450003/VtF2 2cONPGMF�nni A95 Bloc 310 CWIZ: 40.1099 designated AUL area. A Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently 'trained in worker health and safety requirements and implemented prior to the commencement of any activity which involves the removal and/or disturbance of the pavement and/or is likely to disturb the location of the PAH, lead and antimony -containing soil, rendering it more accessible. The plan should clearly describe the location of the PAH, lead, and antimony -containing soil and specifically identify the types of personal protective equipment, monitoring devices, and engineering controls necessary to ensure that workers are not exposed to residual constituents through dermal contact, ingestion, and /or the inhalation of particulate dusts. Workers who may come in contact with PAH, lead, and antimony - containing soil within the designated AUL area must be informed of the location of the residual constituents and all requirements of the Health and Safety Plan. The plan must be available on -site throughout the course of the project (iii) Inspection and maintenance of pavement within the designated AUL area must be performed. 11ne pavement within the AUL area must be repaired grid/or replaced with a comparable barrier to prevent future exposures to tmderlying PAH, lead, and ant mony-containing soil immediately following the completion of any activity which involves its removal and/or disturbance. Sen-d- annual inspections and associated record keeping activities must be performed to confirm that the pavement is being properly maintained to prevent exposure(s) to PAH, lead, and antimony -containing soil located beneath the pavement. 4. PrOpOsed Changes n Activit es and Uses. Any proposed changes in activities and uses at the Portion of the Property which may result ;in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CiMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare, or, the enviromnent. 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 signi= cant risk of halm to health, safety, public .veltare, or she onviromnent t la lens w-I in this t"mm i.,,rl oT a promul„a,ad m� it �tion and wn not be nwdib A ,u an-/ wa, in1.�s so nosed ( ,ithin buckets) in the fonn itself. WDr01IMA"WUEEB ?CONFCthiporm i ��5 doe I FoRtb1 t075 310 CMR: 40.1099 or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by am LSP in accordance vrith 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 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 Instrurnents of Transfer. This Notice shall be incorporated either in full or by reference into all 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 this Confirmatory Notice, said Confirmatory Notice to become effective when executedunder seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. This Confirmatory Notice of Activity and Use Limitation supplements the Notice of Activity and Use Limitation dated April 28, 2003, and recorded -with the Registry of Deeds in Book 19M, Page 238, as follows: (i) provides documentation of the signatory authority as an exhibit to the Notice of Activity and Use Limitation, attached hereto as Exhibit E; and In all other respects the tennis of the Notice of Activity and Use Limitation remain unchanged. WITNESS the execution hereof under seal this day of SY' rf 2006. fIONFOOESMY CONIdISSCctober Sasol North America Inc. Owner Presrc ent, G Ions V I htInhuri, 1i This 1Ul9ni Alt of a promuleated ra-nlahmt mJ e m>tL, Y,odifid iii nf ,vaY uIlegs so ❑oted (v.itlun brick -,Zs) in Ula form itself. `NDCOID60003/AEEB 2( 0! fl L2MFomd O75 d,, Ft 1tikl 1075 310 CitNLR: -10.1099 STATE OF TEXAS �— ss 46,�_A 2006 On this l- day of S 2006, before me, the undersigned notary public, personally apple ,: , P.L. e/r/nigan, proved to me through satisfactory evidence of p1lo-identification, ere 1?%lfG A i� /he to be the person whose name i.s singed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. As Vice President, Operations for Sasol North America, Inc. ®„------„- Notary Public: --� /�• ' ANNN0.50N MyCounnissionExpires: /G'/9 09 MY COMMISSIIXJ EXPIRES � ...Y October 17, M 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 Adivity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. Date: �, (zoc16 '�t� /�-t� John D. Renciall, LSP ..asaaAA®. JOHN D. RENDALL fdu. 9415 COMMONWEALTH OF MASSACHUSETTS sspir 2006 j 1 _ On this ,day of hI- , 2006, before me, the undersigned notary public, personally appeared Jolm D. Rertdall, proved to me through satisfactory evidence of identification, which were hutQ1 I me- to be the person whose name is signed on the preceding or attached document, and acknowledged to aie that he sided it voluntarily for its stated purpose WAN PAUL IE ESSQUE I T Notary Public -AS I_SP, for CH2VI HILLCormmonwealth of Massachusetts My Commission Expires y / d l AD 0 J0. 2010 II I=r*pis ill rt� form a pan tuiapr iulee'td mpul tinnaud (with9 n 'urlCh tU) in me Toren T[salL W11C0 t`45000.>f11,- 2blyF:RtaT+� „i n; idcr b; modiu e ii :.nyr way lclss�o noted EXHIBIT E Signatory Authority SASOL NORTH AMERICA INC. INCUMBENCY AND AUTHORITY CERTIFICATE I, ANN FAFORD MCWATTERS, Assistant Corporate Secretary of Sasol North America hic., a corporation validly organized and existing under the laws of the State of Delaware (the "Company"), DO HEREBY CERTIFY that: 1. Pat L. Jernigan is the Vice President, Operations of the Company, duly appointed and qualified by the Company, and authorized to execute document!; and instruments on behalf of the Company; and 2. Pursuant to authority granted in the Bylaws of the Company and by the Authority Limitations, a Vice President shall have the power to execute all bonds, mortgages, contracts and any other instruments of the Company, and including specifically the authority to negotiate and conclude Safety, Health & Environment agreements with appropriate authorities. 3. Pat L. Jernigan was a Vice President of the Company with appropriate authority on April 28, 2003, when he signed the Activity and Use Limitation Agreement (Area 2). WITNESS my hand and seal this I Sth day of August, 2006. SASOL NORTII AMERICA, INC. Am Fa fo d M Watiers Assistant Corporate Secretary Seal J'd� I ii iiam�h n n�*i=� I I I mt1 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) OPINION FORM Pursuant to 310 CMR 40A056 & 40.1070 - 40.1084 (Subpart J) DISPOSAL SITE LOCATION: 1. Disposal Site Name: Sasol North America Inc. (Area 2) Street Address: 751 North Main Street 3. Cityf town: Mansfield BWSC'1'13A Release Tracking Number LJ- 107� 4. ZIP Code: 02048-1432 3. THIS FORM IS BEING USED TO: (check one) 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074. r--1 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement, pursuantto 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 40A083(3). Ei 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), U 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 EnvirammentaI Restriction, pursuant to 310 CMR 40.1083111)(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.) ALL INFORMATION: Is the address of the property subject to AUL different from the disposal site address listed above' a. No ❑ h. Yes If yes, then fill out address section below Street Address: City" Iow I: _ _ I_ _ __ . _ 4_ - Ir Code: Rev,sed: 06/27,12003 Page 1 of? Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC1 13A ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.10T0- 40.1084(Subpaa J) L'J - 7 LSP SIGNATURE AND STAMP: attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal four, iduding any and all documents accompanying this submittal. In my professional opinion and judgment based upon application f (i) the standard of care in 309 CMR 4.02(1), (it) the applicable provisionsof 309 CMR 4.02(2) and (3), and 309 CMR4.03(2), and if) 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 is being registered and/or recorded, the Activity and Use imitation that is the subject of this submittal (1) is being provided in accordance with the applicable provisions of M.G.L. C. 21 E nd 310 CMR 40.0000 and (if) complies with 310 CMR 40.1074; if Section B indicates that an Evaluation of Changes in Land Uses/Activities andior Site Conditions aftera Response Action >utcome Statementis being submitted, this evaluation was developed in accordance with the applicable provisions of M.G.L. c. 1 E and 310 CMR 40.0000 and (if) complies with 310 CMR 40.1080; if Section B indicates that an Amended Notice ofActivity and Use Limitation orAmendment to a Grant of Environmental )striction is being registered and/orrecorded, the Activity and Use Limitation that is the subject of this submittal (i) is being ovided in accordance with the applicable provisions of M.G.L. c. 21E and 310 GMR 40.0000 and (if) complies with 40.'1081; if Section B indicates that a Termination or a Partial Termination of a Notice of Activity and Use Limitation, or a Release or vtial Release of a Grant of Environmental Restriction is being registered and/or recorded, the Activity and Use Limitation that the subject of this submittal (i) is being provided in accordance with the a pplicable provisions of M.G.L. c. 21 E and 310 CMR �.0000 and (it) complies with 310 CMR 40,1083: - if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded, the Activity and Use citation that is the subject of this submittal (i) is being provided in accordance with the applicable provisions. of M.G,L, c. 21 E d 310 CMR 40.0000 and (if) complies with 310 CMR 40,1071; if Section B indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded, the Activity and Use nitation that is the subject of this submittal (i) is being provided in accordance with the applicable provisions of M.G.L. c. 21 E d 310 CMR 40.0000 and (it) complies with 310 CMR 40.1085(4); 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. LSP#: 9415 First Name: John _ 3. Last Name: Rendall (617) 523-2260 228 (617) 723-9036 Telephone. 6. FAX: Signature: _ �J /' ��' 2 0 0 8. Date: _ mm/ddfyyyy LSP Stamp: 10}1N D. HENDALL y No. 9415 ,z) Revisrd: 06127I2003 End Cif'pm• ct}iPl�-4 . Page 2 of 2 � 1! ( FORM 1075 310 CAIR: 40.1009 Sxgtw, c ... •?it .i r ivS •.'�.., �; _2G r 1tx -Fdrm 1075 PAGE OF 10- CONFIRMATORY NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, §6 and 310 CMR 40.0000 Disposal Site Name: Sasol North America Inc. (SNAA(for merly CONDEA Vista CompanyDEP Release Tracking No.(s): 4-0107 Th�Confirmatory Notice of Activity and Use Limitation ("Notice") is made as of this JC day of J nde/ 2006, by Sasol North ,America, of 900 Threadneedle Street, Houston, Texas 77079, together with its successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, Sasol North America, being a Delaware corporation with offices at 900 Threadneedle Street, Houston, Texas 77079, is the owner in fee simple of that certain parcel of land located in Mansfield, Bristol County, and Foxborough, Norfolk 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 (AUL). The Property is shown on a plan recorded in Bristol County Registry of Deeds in Plan Book 112 and Page 74. 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 (designated as AUL#4) is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. The Portion of the Property is shown on a plan dated March 5, 1999 and revised June 17, 2002 and recorded in Bristol County Registry of Deeds in PIan Book 407 Page 15; 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 (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 Portion of 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 groundwater and/or (b) the restriction of certain activities occurring in, on, through, over or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL The language in this formis part of a promulgated regulation and cannot be modified in my way unless so (within brackets) in the form itself. WDC010450003/1/GEB 4CONP1RMror I0Y5Aoc 4 Ft 83y �J FC)"I 1075 310 C1YiR: 40.1099 Opinion"), dated April 28, 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 ALL Opinion are as follows: 1. Permitted Activities and Uses Set Forth in the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Portion of the Property: (i) Commercial and/or industrial uses and activities associated therewith, including, but not limited to, pedestrian and vehicular traffic, landscaping, and routine maintenance of landscaped areas which do not cause and/or result in the disturbance of surface or subsurface soils; (ii) Activities and uses of the property in the designated AUL area that do not cause and/or result in direct contact with or disturbance of Total Petroleum Hydrocarbon (TPN and phthalate -containing soil currently located below the pavement. (iii) Any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary within the designated AUL area, are permitted provided that the activity is conducted in accordance with a Soil Management Plan prepared by a Licensed Site Professional prior to the initiation of such activities. In addition, these activities are permitted provided the soil management procedures of the MCP cited at 310 CMR 40.0030 and all the applicable worker health and safety practices pursuant to 310 CMR 40,0018 are implemented prior to and during such activities. (iv) Any other activities and uses which are not prohibited herein or in the Opinion of a Licensed Site Professional do not create a greater risk of harm to health, safety, public welfare, or the environment are also allowed. 2. Activities and Uses Inconsistent with the ALL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Portion of the Property, may result in a significant risk of harm to health, safety, public welfare, or the environment or in a substantial hazard, are as follows: 'the language in this form is part of a promulgated regulation and cannot be modified in any way unless so noted (within brackets) in the Form itself. NDC010450003/l/@ED 4CONFIRMrorm 10] i.doc i Ci187 PG Sa PORIeI 1075 310 CATR: 40.1099 (i) Use of the property or any portion of the property as a residence, school, daycare, or nursery; (ii) Any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may result in direct contact with, disturbance, or relocation of TPH and phthalate - containing soils currently located below the pavement within the designated AUI, area are prohibited without the prior development of a Soil Management Plan and the appropriate health and safety procedures detailed in the MCP (310 CMR 40.0018). (iii) Relocation of the TPH and phthalate -containing soil currently located below the pavement to a shallower depth within the designated AUL area is also prohibited unless such an activity is first evaluated by a Licensed Site Professional who renders and Opinion which attests that a condition of No Significant Risk of harm to human health, safety, public welfare, or the environment is maintained in accordance with the MCP. (iv) Removal of pavement is prohibited 3. Obligations and Cond tions 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) A Soil Management Plan must be developed by a Licensed Site Professional and implemented prior to commencement of any activity that is likely to disturb the TPH and phthalate -containing soil located beneath the pavement. The Soil Management Plan should describe appropriate soil excavation, handling, 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. On -site workers must be informed of the requirements of the Soil Management Plan, and the plan must be available on -site throughout the course of the project; (ii) All the applicable worker health and safety practices set forth in 29 CFR 1910, 29 CFR 1926, and the MCP (310 CMR 40.0018) must be followed prior to and during any subsurface, utility, and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary within the designated AUL area. A Health and Safety Plan must be The language in this form is part of a promulgated regulation and cannot be modified in any way unless so noted (within brackets) in the Form itself. WDC010450003AVEEB 4CONFIRNTO.m1075 d. 11.K 1 6 L87 PG :i _7 FORM 1075 310 CNIR: 401099 prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented prior to the commencement of any activity which involves the removal and/or disturbance of the pavement and/or is likely to disturb the location of the TPH and phthalate - containing soil, rendering it more accessible. The plan should clearly describe the location of the TPH and phthalate -containing soil and specifically identify the types of personal protective equipment, monitoring devices, and engineering controls necessary to ensm'e that workers are not exposed to residual constituents through dermal contact, ingestion, and /or the inhalation of particulate dusts. Workers who may come in contact with TPH and phthalate containing soil within the designated AUL area must be informed of the location of the residual constituents and all requirements of the Health and Safety Plan. The plan must be available on - site throughout the course of the project. (iii) Inspection and maintenance of pavement within the designated AUL area must be performed. The pavement within the AUL area must be repaired and/or replaced with a comparable barrier to prevent future exposures to underlying TPH and phthalate -containing soil immediately following the completion of any activit, which involves its removal and/or disturbance, Semi- annual inspections and associated record keeping activities must be performed to confirm that the. pavement is being properly maintained to prevent exposures) to TPH and phthalate -containing soil located beneath the pavement. 4. Proposed Changes in Activities and Uses Any proposed changes in activities and uses at the Portion of the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare, or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the envhromnent or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP ut accordance with 310 CMR The language in this from is part of a promulgated regulation and cannot be mocified in any way unless so noted (within brackets) in the form itself. WDC010450003/11EER 4CONFIIUoY n1075_doc FIK 16 Eel Fca 58 F0&J 1075 310.CYM: 40.10919 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, mid/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 Mortga>res Leases and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all 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 this Confirmatory Notice, said Confirmatory Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. This Confirmatory Notice of Activity and Use Limitation supplements the Notice of Activity and Use Limitation dated April 28, 2003, and recorded with the Registry of Deeds in Book 12223, Page 277, as follows: (i) provides documentation of the persons signatory authority as an exhibit: to the Notice of Activity and Use Limitation, attached hereto as Exhibit: E; and In all other respects the terms of the Notice of activity and Use Limitation remain unchanged. WITNESS the they` execution hereof under seal this A day of S� 2006. Sasoi North America Inc. Owner P B P.L. J rnig Vice Presi ent, Op The language in this form is part of a promulgated regulation and cannot be modified in any way unless so noted (within brackets) in the form itself. WDC0104500031MTB 4COh'FM-Mpo,.1075 &o FORM 1075 STATE OF TEXAS 310 CD9R: 40.1099 F7lr// Sn2006 On this ✓ day of 2006, before me, the undersigned notary public, personally app�� P.L. Jernigan, pr ved to me through satisfactory evidence of identification, ? were %/7o!✓`i `ta /�7G , to be the person whose name is ged n the preceding or attached document, and acknowledged to me that he Ysigned it voluntarily for its stated purpose, As Vice President, Operations for Sasol North America, Inc. Notary Public: rti 2--1 S ANN NEtsoN My Commission Expires: /0 - / / - 0 y' 0�1 s,,. 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 Limi/ttation Opinion. p Date: 1 b' 2Oo 6 ✓ - JJ-- Jolm D. Rendall, LSP . &AAAA._ JOHN 0. RENDALI L/ fCCOMMONWEALTH OF MASSACHUSETTS -t%V.n- 2006 On this C'day of 2006, before me, the undersigned notary public, personally appeared John D, Rendall, prow d to me through satisfactory evidence of identification, which were -e to be the person whose name is signed on the preceding or attached document and a ged #o. me that he signed it voluntarily for its stated purpose. FIYAN PA"i LEVESOUE Notary Public .. Commonwealth of Massachusetts As LSP, for CH2M HILL Ply Commission Expires Apnl 30, 2010 The language in this form is part of a promulgated regulation andcannot be modified (within brackets) in the form itself. WDC010450003/11ERB 4 CONFQU9'mm1095Ad any way unless so noted B K t I, I ri ! t r; / I EXHIBIT E Signatory Authority V/DCO 1045(hW31!EEB 4EXHIMIEDO( BE 1 618 1 e(d t, t SASOL NORTH AMERICA INC. INCUMBENCY AND AUTHORITY CERTIFICATE I, ANN FAFORD MCWATTERS, Assistant Corporate Secretary of Sasol North America Inc., a corporation validly organized and existing under the laws of the State of Delaware (the "Company"), DO HEREBY CERTIFY that: 1. Pat L. Jernigan is the Vice President, Operations of the Company, duly appointed and qualified by the Company, and authorized to execute documents and instruments on behalf of the Company; and 2. Pursuant to authority granted in the Bylaws of the Company and by the Authority Limitations, a Vice President shall have the power to execute all bonds, mortgages, contracts and any other instruments of the Company, and including specifically the authority to negotiate and conclude Safety, Health & Environment agreements with appropriate authorities. 3. Pat L. Jernigan was a Vice President of the Company with appropriate authority on April 28, 2003, when he signed the Activity and Use Limitation Agreement (Area 4). WITNESS my hand and seal this 15th day of August, 2006, SASOL NORTH AMERICA INC. By�ri 4 ivV J, A�-,-, Ann Fafor� McWatters Assistant Corporate Secretary Seal Q7egal\afm\incumbene}''tinns6elAS HElncumh4 BK 16157 PG (S/ Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BVVSC113A I Release Tracking Number p IACTIVITY & USE LIMITATION (AUL) OPINION FORM 1, Pmsuant to 310 CMR 40.1056 & 40.1070 - 40.1084 (Subpart J) - 107 k DISPOSAL SITE LOCATION: 1. Disposal Site Name: Sasol North America Inc. (Area 4) 2. Street Address: 751 North Main Street Mansfield 02048-1432 3. City/Town: 4. ZIP Code: B. THIS FORM IS BEING USED TO: (check one) 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). Ei 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 fora 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). I9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(1)(c). Z 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? ® a. No ❑ b. Yes If yes, then fill out address section below. Street Address: City/Town: 4, ZIP Code: Revised: 06/27/2003 Page 1 of BK 16187 PG 6-S Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BLVSC113A B ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056 & 40.1070 - 40.1084 (Subpart J) E - 107 LSP SIGNATURE AND STAMP: attest under the pains and penalties of perjury that I have personally examined and am to miliar with this transmittal form, icluding any and all documents accompanying this submittal. In my professional opinion and judgment based upon application f (1) the standard of bare in 309 CMR 4.02(1), (it) the applicable provisions 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 8 indicates that a Notice of Activity and Use Limitation is being registered and/or recorded, the Activity and Use .imitation that is the subject of this submittal (i) is being provided in accordance with the applicable provisions of M G.L. c. 21E ind 310 CMR 40.0000 and (ii) complies with 310 CMR 40.1074; if Section 8 indicates that an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after Response Action )utcome Statement is being submitted, this evaluation was developed in accordance with the applicable provisions of M.G.L. c. 1 E and 310 CMR 40.0000 and (f) complies with 310 GMR 40.1080; > if Section 8 indicates that an Amended Notice of Activity and Use Limitation or -Amendment to a Grant of Environmental 2estriction is being registered and/or recorded, the Activity and Use Limitation that is the subject of this submittal (i) is being xovided in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (it) complies with 40.'1081; if Section Blndicates that a Termination ora Partial Termination of a Notice ofArtivity and Use Limitation, or a Release or 'artial Release of a Grant of Environmental Restriction is being registered and/or recorded, the Activity and Use Limitation that s the subject of this submittal (i) is being provided in accordance with the applicable provisions of M.G.L. c. 21 E and 311) CMR $0,0000 and (ii) complies with 310 CMR 40,1083; > if Section 8 indicates that a Grant of Environmental Restriction is being registered and/or recorded, the Activity and Use _imitation that is the subject of this submittal(!) 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; > if Section 8 indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded, the Activity and Use Limitation that is the subject of this submittal (i) is being provided in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (ii) complies with 310 CMR 40.1085(4); 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. LSP#: 9415 First Name: John Telephone: (617) E Signature: LSP Stamp 3. Last Name: Rendall (617) 723-9036 8. Date: /' /%' Z. o o 6 mmlddl,; y Revised: 06/27/2003 Paga 2 of 2 End of Doca rnern: 1 18 FORM 1082b 310 CIVIR: 40.1099 Form 1082b FIRST AMENDMENT TO NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c 21E, § 6 and 310 CNIR 40.0000 Disposal Site Name: Sasol North America Inc (NA) (formerly CONDEA Vista Company) DEP Release Tracking No.(s):4-0107 WHEREAS, a Notice of Activity and Use Limitation has been recorded with the Bristol County Registry of Deeds in Book 12223 Page 315, (said Notice of Activity and Use Limitation and any amendments thereto are collectively referred to herein as "Notice"); . WHEREAS, said Notice sets forth limitations on use and activities, conditions and obligations affecting certain parcel(s) of lazed situated in Mansfield, Bristol County, and Foxbo rough, Norfolk County, Massachusetts with the buildings and improvements thereon, said land being more particularly bounded and described in Exhibit A attached hereto and made a part hereof ("Property"). Said limitations on use and activities are consistent with the terms of an Activity and Use Lim tation Opinion ("AUL Opinion") dated April 28, 2003, signed and sealed by John D. Rendall, holder of a valid license issued by the Board of Registration of Waste Site Cleanup Professionals, pursuant to Massachusetts General Laws Chapter 21A, Sections 19-19J (the holder being referred to as "LSP") attached to the Notice of Activity and Use Limitation as Exhibit C and made a part thereof, in order to maintain at the Property a condition of No Significant Risk (such conditions and terms being defined in 310 CMR 40.0000); and WHEREAS, the undersigned LSP, in accordance with M.G.L. c. 21E and the MCP, has issued and signed an AUL Opinion, dated April 28, 2003, filed with DEP at its Southeast Regional Office under Release Tracking No. 4-0107, and attached hereto as Exhibit B and made a part hereof. Said. AUL Opinion explains that the implementation of the following proposed changes in Site Activities and Uses at the Property will maintain a condition of No Significant Risk; NOW THEREFORE, in accordance with M.G.L. c. 21E and the MCP, the undersigned Sasol North America Inc., being a Delaware corporation with offices at 900 Threadneedle Street, Houston, Texas 77079, being the o"r of the Property pursuant to a deed recorded with the Bristol County Registry of Deeds in Book 3320, Page-246, hereby amends said Notice as follows: Paragraph 2, "Activities and Uses Inconsistent with the AUL Opinion", is amended to read as follows: 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: (i) Use of the property or any portion of the property as a residence, school, daycare, or nursery; (ii) Any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary with n the designated AUL area, which may result in direct contact with, disturbance, or relocation of soil containing FORM 1082b 310 CAM: 40.1099 phthalates or petroleum currently located at the top of the groundwater table which is not conducted in accordance with Obligations (i) and (ii) of this Notice of AUL; (iii) Relocation of the soil containing phthalates or petroleum currently located at the top of the groundwater table within the designated AUL area, unless such activity is first evaluated by a Licensed Site Professional who renders and Ophrion which attests that a condition of No Significant Risk of barm to human health, safety, public welfare, or the environment is maintained in accordance with the MCP; and (iv) Removal of pavement within the AUL area is prohibited unless the activity is first evaluated by a Licensed Site Professional. Paragraph 3, "Obligations and Conditions Set Forth in the AUL Opinion", is amended to read as follows: 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) A Soil Management Plan must be prepared by a Licensed Site Professional and implemented prior to the initiation of any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary within the designated AUL area; (ii) All the applicable worker health and safety practices set forth in 29 CFR 1910, 29 CFR 1926, and the MCP (310 CMR 40.0018) must be followed prior to and during any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary within the designated AUL area; (iii) Inspection and maintenance of pavement within the designated AUL area must be performed. The pavement within the AUL area must be repaired and/or replaced with a comparable barrier to prevent future exposures to underlying TPH and phthalate containing soils immediately following the completion of any activity which involves its removal and/or disturbance. Semi-annual inspections and associated record keeping activities must be performed to confirm that the. pavement is being properly maintained to prevent exposure(s) to TPH and phthalate containing soils (and associated product in the groundwater table) located beneath the pavement:. In all other respects the provisions of said Notice remain unchanged. FORM 1082b 310 CNIR: 40.1099 Sasol North America Inc. authorizes and consents to the filing and recordation/and or registration of this First Amendment to Notice of Activity and Use Limtation, said. First Amendment to become effective when executed under seal by the undersigned LSP and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. WITNESS the execution hereof under seal this day of', 2006. Sasol NorthAmerica Inc. Owner B P.L. ex an0 R7 Vice President, Operations 4- STATE OF TEXAS i 2006 On this day of _ . 2006, before me, the undersigned notary public, personally appeared Pat L. JexTgan, pro} ed to me through satisfactory evidence of identification, which were &'17"'✓/7 %� 1�17C , 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 Vice President, Operations for Sasol North America Inc., a corporation Y t l ` ANN NELSON I MYCOMMISSIONEXPRES I 51 Notary Public: iY `fi.�.,F:•' Ocldber17, 2CJ,9 lk }' My Commission Expires: L'h: 16-t 6'7 I'G h7 FORM 1082b 310 CK : 40.1099 The undersigned LSP hereby certifies that he executed the AUL Opinion dated April 28, 2003, filed with DEP at its Southeast Regional Office under Release Tracking No.(s) 4- 0107, attached hereto as Exhibit B and made a part hereof, and that, in his Opinion, this First Amendment to Notice of Activity and Use Limitation is consistent therewith. Date: I `E Zd0 COMMONWEALTH OF MASSACHUSETTS Co,,� \ 441k ss /x9/Vt--- J hn D. Rendall, LSP JOHN q D. RENDALL 9 No. 9415 P On ibis day of !?tqk� L t- , 2006, before me, the undersigned notary public, personally appearel John D. J endall, proved to me through satisfactory evidence of identification, which were owv +0 m2- 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 propose. As LSP for CHUM HILL Upon recording, return to: Sasol North America 900 Threadneedle Street Houston, Texas 77079 2006 Notary Public: 11211c� My Commission Expires: A14 MB�UEsaahusetispires t4 Pi 1 r, ! 27 PG 68 Exhibit A (Description of Parcel Containing Area Subject to the AUL) Parcel I: Description of land in Mansfield and Foxborough, Mass. As shown on a plan to be recorded entitled: "Plan of land in Mansfield and Foxborough, Mass. Scale 1"40', January 29,1968. Schofield Brothers, Inc, Registered Land Surveyors. Framingham and Milford, Mass." Lot 1 as shown on said plan beginning at the Southwesterly corner of the lot on the Easterly side of North Main Street in Mansfield; thence N7002623"E by said North Main Street 172.00 feet to a point; thence N65°54'23"E by said North Main Street 164.92 feet to a point of curvature not tangent; thence Curving to the left along the arc of a curve whose radius is 154.21 feet by said North Main Street, a distance of 26.00 feet to a point; thence Continuing to curve to the left along said curve by the Easterly side line of North Main Street, a distance of 97.27 feet to a stone bound at a point of tangency; thence N20°1751"E by the Easterly side line of said North Main Street 804.03 feet to the Mansfield- Foxborough town line; thence S62°09'16"W by said town line 15.01 feet to the Easterly side line of Morse Street in Foxborough, Mass.; thence N20°16'27"E by said Morse Street 25.99 feet to a point at Lot 4 to be described herein; thence N61°51'29"E by said Lot 4,15.12 feet to a point, thence S63°24'40"E 239.32 feet to a point on the Westerly side line of Boston and Providence Railroad Corporation (New York, New Haven and Hartford Railroad Company, Lessee)thence S49°49'06"E by side line of said railroad 1.84 feet to a point; thence S25°39'10"W by side line of said railroad 671.78 feet to a point; thence S66°04'40"W by side line of said railroad 9.51 feet to a point; thence S23°54'22"E by side line of said railroad 19.99 feet to a point; thence S66°05'26"W by side line of said railroad 57.91 feet to a point; thence S27°39'12"W by side line of said railroad 785.50 feet to a ditch; thence N24°56'46"W by the ditch, 241.08 feet to a point; thence N19037'07"W 260,80 feet to the point of beginning WDc010;60002i11EES 7EXHIBII ADOC I(-L1. 8 7 P G 69 Lot 2 as shown on said plan beginning at the center of a stone bound at the Southwesterl, corner of the lot on the Northerly side of First Street in Mansfield, thence N11003'46"W 221.30 feet to the Mansfield-Foxborough town. line; thence Crossing the town line N11003'46"W 6.70 feet to a point; thence N61039120"E 131.96 feet to a point; thence S11°03'46"E 7.90 feet to the Foxborough-Mansfield town line; thence Crossing the town line S11003'46"E 141.94 feet to a point; thence S69042'09"E 180.84 feet to a point on the Westerly side line of North Main Street in Mansfield; thence S20017'51"W by said North Main Street 100.00 feet to the corner of said North Main Street and First Street; thence N69°48'16"W by the Northerly side line of the said First street 119.77 feet to the back corner of a stone bound; thence S78°56'14"W by said First Street 126.00 feet to the point of beginning. Lot 3 as shown on said plan beginning at the Southeasterly corner of the lot on the Westerly side line of Morse Street in Foxborough; thence S61°51'29"W 316 feet more or less to the Rumford River; thence Northerly, Northeasterly, Northwesterly, Easterly, Northeasterly and Northwesterly by said river 845 feet more or less to a point; thence N62°00'22"W 115 feet more or less to a point; thence N38°44'38"E 10824 feet to a point; thence S38015'22"E 360.95 feet to a railroad spike on the Westerly side line of said Morse Street; said spike being S20°16'27"W 500.43 feet from a drih hole in a stone bound on the Westerly side line of Morse Street; thence S20°16'27"W by said Morse Street 285.43 feet to the point of beginning, containing 2.3 acres more or less and containing a right of way 20 feet in width along the property line whose length is 360.95 feet. Lot 4 as shown on said plan beginning at the Southwesterly corner of said lot on the Easterly side of Morse Street in Foxborough at the Northwesterly corner of Lot 1 hereinbefore described; thence woco10450003, 1%F.EN 7exainrr a.Doc N20016'27"E by said Morse Street, 215.86 feet to a point; thence S38015'22"E 14553 feet to a point; thence S61051'29"W 187.02 feet to the point of beginning. Excepting that portion of the premises conveyed to Elict B. l5aaft et al dated October 26,1972 and recorded with Norfolk Registry of Deeds in Book 4882, Page 690. Parcel #43 A certain parcel of land situated in the Town of Mansfield lying between the tract of land now or formerly of the Boston and Providence Railroad and the Southerly line of the Town of Foxborough and containing not less than 25,980 square feet of land_ Bounded and described as follows: Beginning at a stake in said Foxboro line by land now or formerly of Minnie Drew on the easterly side of said parcel; thence South 5' 8' E. by land of said Drew 47.2 feet to said "Track land"; thence by said "Track land" S. 40' 29' W.142.7 feet to a low stone post at land now or formerly of Walter Lowney; thence by said Lowney land S. 81' 20' W 149.2 feet to another low stone post on the easterly line of an old lane or road; thence in an old ditch N. 8' E. 70 feet to an angle in said ditch; thence in said ditch N. 24' 46' W. 64.1 feet to said line of said Foxboro boundary, Westerly upon said old road (this bound is about 147 feet South from the southerly line of Summer Street running along said line in said ditch and said old road. Said street runs about parallel with said tract land. The Town bound in said Street on the Southerly line of said Foxboro is 203 feet Westerly from the last mentioned bound in said ditch); Thence on said line of Foxboro N. 74' 47' E_ bounding Northwesterly upon land now or formerly of the Mansfield Bleachery, 254.45 feet to the place of beginning. Excepting from this conveyance that portion of the premisesconveyed to Boston and Providence Railroad Corporation dated July 19,1918 and recorded in Bristol County Northern District Registry of Deeds, Book 710, Page 429. Being the remaining portion of the premises conveyed by deed of Charles A. Slattery and John F. Bannon dated December 29,1909 and recorded in said Bristol County Deeds, Book 641, page 494. Parcel it44 The land in MANSFIELD, Bristol County, Massachusetts, situate between North Main Street and the Boston and Providence Railroad, and adjoining the Mansfield-Foxborough Town Line; bounded, beginning at a point in the Easterly line of North Main Street in said Town Line, thence running Northeasterly by said torn Line, one hundred seventy-three (173) feet to center of ditch; thence running by center of said S. 24' 45' E. forty six and one tenth (46.10) feet to a turn in ditch; thence running S 8' W. partly by ditch, seventy (70) feet to a granite bound; thence running N. 82' E. by land of the Mansfield Bleachery, about ninety and seven tenths (90.70) feet to a point thirty five (35) feet Westerly from the Westerly line of WDC01 W i0W l'1'LI:B ]EXHIBIT A.DOC HI! 1 h187 PG -/ L the "right of way" of said Railroad, measured at a right angle to said "right of way`; thence running Southerly by land now or formerly of William H. Bannon, about one hundred and twenty (120) feet to the Northwesterly comer of land purchased by said Railroad from Benjamin Williams by deed duly recorded with Bristol County North District Registry of Deeds, Book 148, page 246; thence running Southerly by the last named land about two hundred and twenty five (225) feet to a granite bound at a comer of land now or formerly of Patrick J. McCarthy and William H. Bannon; thence running Westerly by said McCarthy and Bannon land, two hundred and eighteen (218) feet to the Easterly line of said North Main Street thence rwuung Northerly by said Street Line about two hundred and twenty five (225) feet to place of beginning. Containing about one and four tenths (1.4) acres. This conveyance is made subject to all rights, if any, which said Railroad acquired at the time a part of said North Main Street was discontinued and subject to the easement reserved by Walter M. Lowney in a deed to the Johnson Cracker Company dated October 5,1910 recorded in Bristol County Northern District Registry of Deeds, Book 656, Pages 7-8. Excepting from this conveyance so much of the premises which was conveyed to Atlantic Chemical Company dated June 6,1917 and recorded in said Bristol County North Deeds, Book 701, Page 358. Being the remaining premises conveyed to William H. Bannon by deed of Walter M. Lowney dated April 12,1917 and recorded in said Bristol North Deeds, Book 703, page 413. B. STANDARD EXCEPTIONS: L Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor or materials heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes or special assessments wh ch are not shown as existing liens by the public records. C. SPECIAL EXCEPTIONS: 1. Subject to any matters would be disclosed by a current Municipal Lien Certificate. Real estate taxes assessed for the current fiscal year. 2. Subject to any matters which would be disclosed by a current survey. WDC0104i0$.1XF,B 7FXHII91' A.DOC B1, 1 F't8 / NG "/Z 3. Easement concerning the drainage ditches granted by deed of Charles H. Williams to Elias R. Wilmarth dated November 21, 1877, recorded with Bristol North Deeds, Book 366, Page 396. (Parcel1). 4. Easements concerning water flowage reserved in deed of William H. Bannon et al to Atlantic Chemical Company, dated June 6, 1917, recorded with Bristol North Deeds, Book 701, Page 357. (Parcel I). 5. No title is insured to any land lying below the present or any former high water line of the river abutting the premises. (Parcel I) 6. Policy insures no portion of the premises in question lying between the town line of Foxborough and the town line of Mansfield as established in 1942 and the location of said line as it is shown on a certain survey dated January 29,1968 made by Schofield Bros. Inc., Land Surveyors. (Parcel 1). 7. Title to and rights of the public and others entitled thereto in and to those portions of the insured premises lying within the bounds of North Main Street, right of way, adjacent ditches and old Road. (Parcel II). 8. Lack of access to or from a public read. (Parcel II). 9. Rights of others thereto entitled in and to the continued uninterrupted flow of water through ditch(es) crossing insured premises. (Parcel 1I). 10. Easement reserved in a deed from Walter M. Lowuey to Johnson Craker Company, dated October 5, 1910, recorded with said Deeds in Book 656, Page 7. 11. Rights of railroad, if any, as referred to in deeds into BP Performance Polymers, hic. 12. Liens, whether presently existing or hereafter arising, on account of any indebtedness or liability to the Commonwealth of Massachusetts arising pursuant to the provisions of Massachusetts General Laws, Chapter 21E (the Massachusetts Off and Hazardous Material Release Prevention and Response Act of 1983). (Parcels l and II). WCC010450003+LL6 7EXHIB ADOC RV t6"L87 PE; "1 EXHIBIT A-1 (Description of Area Subject to AUL #7) That certain portion of a parcel of land, said parcel of land being situated in Mansfield, Bristol County, and Foxborough, Norfolk County, Massachusetts, and being shown as Lot 1 on the aforementioned plan recorded at Bristol Cormty Registry of Deeds in Plan Book 407 Page 15, said portion being shown as the "AUL #7 (AREA=13,612 ± SF)" on said plan, and being more particularly bounded and described as follows: AUL#7 BEGINNING at a point on the easterly sideline of said North Main Street Two Hundred Sixty -One and Seventy -Five Hundredths (261.75') feet northerly from a 5" X 5" Stone Bound recovered, thence; N 20o 1751" E a distance of One Hundred Thirty -Four and Five Hundredths (134.05') feet along said sideline of North Main Street, thence; N 20 ° 1751" E a distance of Nine and Thirty -One Hundredths (9.31') feet to the corner of chain link fence post, thence; N 200 17.51" E a distance of Thirty -Six and Twenty -Four Hundredths (36.24') feet along the easterly sideline of said North Main Street to a point, thence; S 62o 37' 04" E a distance of Sixty -Four and Nineteen Hundredths (64.19') feet to a point, thence; S 060 35' 59" W a distance of Eighty -Five and Fifty -Three Hundredths (85.53') feet to a point, thence; S 270 39' 59" W a distance of Twenty -Eight and Nine Hundredths (28.09') feet to a point, thence; S 370 1709" W a distance of Five and Fifty -One Hundredths (5,51') feet to the northeast corner of Building No. Five (5), thence; S 270 39' 59" W a distance of Thirty -Seven and Ninety -Eight Hundredths (37.98') feet along the sideline of said Building No. Five (5) to the southwest corner of Building No. Five (5), thence; S 630 15' 07" E a distance of One and Sixty -One Hundredths (1.61') feet to a corner on brick retaining wall, thence; S 260 44' 53" W a distance of Twenty -Six and Forty -Two Hundredths (26.42') feet to a corner on brick retaining wall, thence; N 620 54' 35" W a distance of Seventy -Three and One Hundredths (73.01) feet along the sideline of the brick wall to the point of beginning. Said AUL #7 containing 13,612 more or less square feet. WDCOI 04>0003N FEE 7"MB11 A-I,DDC RK 161 N7 p(-; 'I4 EXHIBIT B September 6, 2006 ACTIVITY AND USE LIMITATION OPINION (Area 7) In accordance with the requirements of 310 CMR 40.1074, this Licensed Site Professional Opinion has been prepared to support a Notice of Activity and Use Limitation (AUL) for the property located at 751 North Main Street, Mansfield, MA (DEP Site No. 4-0107). Site Background and History The facility consists of approximately 11 acres of land in the Towns of Mansfield and Foxboro, with the manufacturing operations occupying approximately a third of the area. Specifically, Area 3 and Area 5lie within Foxboro and Areas 1, 2, 4, 6 and 7 are located within Mansfield. The entire property is currently viewed as one "site' under the MCP. The Portion of the Site (described in Exhibit A-1) that contains the designated AUL area is located in the Town of Mansfield and is shown on Exhibit B. The facility is located in an area zoned industrial and historically was predominately used for commercial and manufacturing activities. The site is bounded by industrial properties east of the MBTA railroad tracks and north of the former industrial wastewater treatment facility. A former wastewater treatment facility and lagoon, as well as an employee parking lot, are located between North Main Street and the Rumford River. Residential properties lie to the west of the site, between North Main Street and the Rumford River, and south west of the site. Wetlands abut the main plant area to the north and are also located adjacent to Rumford River, Site Use History The facility has been the location of industrial activity since the early part of the 20w century. Three distinct types of chemical manufacturing were conducted over time at the facility. The earliest manufacturing operation at the facility was conducted from approximately 1910 to 1941 by John D. Lewis, Inc. The John D. Lewis company manufactured a modified phenolic resin known as "Lewisol" by the distillation of rosin and glycerin. The Hercules Powder Company utilized the site from 1941 to 1959 for the manufacture of pentaerythritol and other products. In 1963, Blame Chemicals purchased the property and began the manufacture of polyvinyl chloride (PVC) compound. Reichhold Chemicals, Inc. purchased the operation in 1967 and expanded the facility in 1980 with the additional purchase of the property from the Mansfield Bleachery Company. BP Performance Polymers Inc. (BP) assumed ownership in August 1985 and continued the practice of manufacturing PVC. Vista Chemical Company (later "CONDEA Vista Company" as a result of a 1996 name change) (Vista) bought the facility and land from BP in February 1987. The facility manufactured PVC pellets from a blend of PVC resins, calcium carbonate, phthalate plasticizers, pigments, and lead -based stabilizers. In November 1999, Vista sold the plant equipment to North American Plastics, LLC (NAP), a subsidiary of Georgia Gulf Corporation. Vista continued to own the buildings and land, and North American Plastics, LLC, had a lease on the land. NAP ceased operations in 2001, and Vista decommissioned the facility, tearing down Buildings 3 and 8 ;VDc0104io DO ila-LiH 9EXHIBIT H"UOc in the process. Vista became "Sasol North America Inc" in September 2001 as a result of a name change. Summary of Comprehensive Response Actions The selection and implementation of the remedial actions for the site were based in part on the data collected for Vista during the response actions documented in the following reports: • Phase I - Limited Site Investigation (LSI) (CH2M HILL,1.990); • Phase If - Comprehensive Site Assessment (CSA) (CHIM HILL, 1991); • Phase 11- CSA Addendum (CH2M HILL, October,1993); • Phase III - Remedial Action Plan (RAP) (CH2M HILL, September, 1995); • Phase Ill -A -RAP Addendum (CH2M HILL, September 1995); • Phase IV - Remedy Implementation Plan (RIP) (CH2M HILL, September, 1995); • Phase IV - Remedy Implementation Plan (RIP) Addendum (CH2M HILL, July 1998). These reports are available for review at the Massachusetts Department of Environmental South East Regional Offices in Lakeville, Massachusetts. The nature and extent, as well as an estimate of the human health and ecological risk associated with each area of concern were delineated during the Phase II - CSA. The Phase 11- CSA risk characterization concluded that the areas of concern that needed to be further addressed included • Area 1-Railroad Spur Area; • Area 2-Rosin Pit Area; • Area 3 - Lagoon Area; • Area 4 -West of Building 5 and North of Building 7; • Area 7 -North and West of Building 5. The following sections provide a brief summary of the remedial actions implemented in the areas of concern listed above and the operation, maintenance, and monitoring activities that are required at the site. Area 1 - Railroad Spur The removal of soils containing bis(2-ethylhexyl)phthalate (.8EHP) and di-n-octylphthalate (DNOP) successfully met all remedial goals for this area. Contaminated soil was excavated in the area initially found containing BEHP and DNOP and also to the north and south of the initial excavation area. Contaminated material was collected and disposed as hazardous waste at an off -site disposal facility. Area 2 - Rosin Pit The prevention of exposure to soils containing primarily polycyclic aromatic hydrocarbons (PAH's), lead, and antimony successfully met all remedial goals for this area. Soils in the center of the Rosin Pit, containing the highest concentrations of constituents were disposed off -site. A retaining wall was installed along the west and north property line in order to allow grades along these properties to be raised to retain all drainage in Area 2. Existing pavement was removed and new pavement was put down. Groundwater monitoring WDC01a45M)3: ver'.a IEXNIISI'I' fl, OC BK 16187 PG 76 was/is performed to verify the effectiveness of the remedial activities to eliminate exposure and off -site migration. A separate Notice of AUL has been prepared and implemented in order to maintain a condition of No Significant Risk to human health, safety, public welfare, and the environment for the risk associated with residual constituent levels in soils in Area 2. Area 3 - Lagoon Public welfare and safety risks associated with the former wastewater lagoon were eliminated via backfilling, successfully meeting all remedial action goals. Sampling results showed that the chemical constituent levels in the lagoon sediments were below the risk - based levels and State and Federal soil standards. Area 4 — North of Building 7 and West of Building 5 The removal of soils from North of Building 7 and West of Building 5 successfully met remedial action goals. The specific remedial goal for the area North of Building 7 was the removal of soils containing Total Petroleum Hydrocarbons (TPH) above the State S2 Standard of 2,500 mg/kg. The specific remedial action goal for the area West of Building 5 was the removal of the soils containing bis(2-ethylhexyl)phthalate (BEHP) and di-n- octylphthalate (DNOP). The risk -based goal from the Phase II — CSA Method 3B risk assessment for these constituents was 460 mg/kg. Excavated soils were treated at the disposal facility to the Land Disposal Restriction (LDR) treatment levels for BEHP and DNOP of 28 mg/kg. A separate Notice of AUL has been prepared and implemented in order to maintain a condition of No Significant Risk to human health, safety, public welfare, and the environment for the residual soil contamination in Area 4. Area 7 Product phthalate removal and prevention of further migration of floating product from source areas are in the process of meeting remedial action goals. Product level measurements from Area 7 observation wells have shown consistent presence of product in wells. Imminent hazard was not present from the floating product because it has not migrated beyond the property boundary, and the physical properties of the plasticizer make it unlikely to do so in the near future. Remediation will be considered complete when product levels in observation wells are reduced below the .5 inch thickness MCP upper concentration limit. Installation and construction of a product containment barrier along the property boundary near North Main Street to prevent the product migration of product towards the street, has been completed. The installation of two product recovery systems within the product plume, designed to remove floating product on the groundwater in the source area, is also complete. Weekly and monthly inspections of wells are performed and quarterly groundwater sampling is performed to monitor product in welts located in Area 7. Reason for Activity and Use Limitations A Method 3 Risk Characterization was conducted to characterize risks posed by the residual levels of TPH and phthalate -containing soils in Area 7. A comprehensive Phase III remedial alternatives feasibility evaluation was perfonned to determine the most feasible response W DO W 50003/vrrs 7EXT1 �T e.uoc action to elimnate the risk of exposure posed by the levels of TPH and phthalate remaining in the soil at the site. The Phase III evaluation concluded that the installation of a product contaminant barrier and installation of two product recovery systems were the most feasible remedial alternative to eliminate the exposure pathways. It also concluded that the installation of a product recovery system would be an effective response action to remove the floating product. A 130-foot product barrier and impermeable asphalt barrier was installed/placed at the property in the area of contamination (Area 7). An Activity and Use Limitation is required to maintain a level of No Significant Risk by ensuring the maintenance of the product barrier and impermeable asphalt barrier by restricting certain activities and uses which could result in exposures with TPH and phthalate -containing soils located near either barriers. A Soil Management Plan must be developed and implemented before the initiation of any subsurface activity (e.g. utility work, construction) within the designated AUL area, which may disturb TPH and phthalate -containing soil located near the product barrier or impermeable asphalt barrier. The AUL also obligates the preparation of a Health and Safety Plan prior to initiating such activities to ensure that exposures to constituents via dermal contact, ingestion and /or inhalation do not occur. A product recovery system was installed in two locations within Area 7. The presence of floating product on groundwater at thickness' greater than ?h inch are considered a Method 3 Upper Concentration Limit (UCL) exceedance that constitutes a public welfare risk as defined by the MCP. An Activity and Use Limitation is required to maintain a level of No Significant Risk which is done by installing the recovery system to remediate the floating product on the groundwater to below the Method 3 UCLs and thus achieve a permanent solution. An AUL is required to notify future property owners of the public welfare risk and their obligation to operate, maintain, and monitor the product recovery system with the goal of achieving a permanent solution. The AUL also obligates the preparation of a Health and Safety Plan prior to initiating such activities to ensure that exposures to constituents via dermal contact, ingestion and /or inhalation do not occur_ Prohibited or Limited Site Activities and Uses + Use of the property or any portion of the property as a residence, school, daycare, or nursery; Any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary within the designated AUL area, which may result in direct contact: with, disturbance, or relocation of soil containing phthalates or petroleum currently located at the top of the groundwater table without the prior development of a Soil Management Plan and the appropriate health and safety procedures as detailed in the Obligations of this Notice of AUL. + Relocation of soil containing phthalates or petroleum currently located at the top of the groundwater table within the designated AUL area, unless such activity is first evaluated by a Licensed Site Professional who renders an Opinion which attests that a condition of No Significant Risk of harm to human health, safety, public welfare, or the environment is maintained in accordance with the MCP. WIx;01045003/J f;SB ]FAMBU B.DOC BK I v, 1 :. • Removal of the pavement within the AUL area is prohibited unless the activity is first evaluated by a Licensed Site Professional. Permitted Activities and Uses Commercial and/or industrial uses and activities associated therewith, including, but not limited to, pedestrian and vehicular traffic, landscaping, and routine maintenance of landscaped areas which do not cause and/or result in the disturbance of surface or subsurface soils; + Activities and uses of the property in the designated AUL area that do not cause and/or result in direct contact with or disturbance of TPH or phthalate containing soils currently located at the top of the groundwater table or contact with product on the groundwater table. Any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary within the designated AUL area, are permitted provided that the activity is conducted in accordance with a Soil Management Plan prepared by a Licensed Site Professional prior to the initiation of such activities. In addition, these activities are permitted provided the soil management procedures of the MCP cited at 310 CMR 40.0030 and all the applicable worker health and safety practices pursuant to 310 CMR 40,0018 are implemented prior to and during such activities. • Continued operation, maintenance, and monitoring of the product recovery system installed within the designated AUL is permitted. • Any other activities and uses which are not prohibited herein or in the Opinion of a Licensed Site Professional do not create a greater risk of harm to health, safety, public welfare, or the environment are also allowed. Obligations and Conditions Set Forth in the AUL Opinion + A Soil Management Plan must be developed by a Licensed Site Professional and implemented prior to the initiation of any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary within the designated AUL area; • All the applicable worker health and safety practices set forth in 29 CFR 1910, 29 CFR. 1926, and the MCP (310 CMR 40.0018) must be followed prior to and during any subsurface, utility and/or construction activities including, but not limited to excavation and subsurface drilling, which may be deemed necessary within the designated AUL area. Inspection and maintenance of pavement within the designated AUL area must be performed. The pavement within the AUL area must be repaired and/or replaced with a comparable barrier to prevent future exposures to underlying TPH and phthalate containing soils immediately following the completion of any activity which involves its removal and/or disturbance. Semi-annual inspections and associated record keeping activities must be performed to confirm that the pavement is being properly maintained to prevent exposure(s) to `PPH and phthalate containing soils (and associated produc on the groundwater table) located beneath the pavement. WDc01(W50003'1;G[R 5 7F.XHINIT 6.71oC BK I(Ilh-1 i'(I I'+ Any person interested in obtaining additional information or reviewing the Notice of Activity and Use Limitation and the disposal site file may contact Mr. Joe Ledvina, Sasol North America Inc., 900 Threadneedle Street, Houston, Texas, 77079, at telephone number (281) 588-3446. LSP: John D. Rendall, P.E., Licensed Site JOHN D. RENDALL No. 9415 WDL01045WD3,UUB g MXH(Brl6.D(NJ BK 161 7 L'G, 80 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) DISPOSAL SITE LOCATION: 1. Disposal Site Name: Sasol North America Inc. (Area 7) Street Address: 751 North Main Street Cityfrown: Mansfield SVVSC'I'I sA Release Tracking Number 41 _ 107 4. ZIP Code: 02048-1432 B. THIS FORM IS BEING USED TO: (check one) ❑ 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 40A083(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 40.1083il)(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) roust be completely filled out, printed, stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded a,ndlor 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? ® a. No ❑ b. Yes if yes, then fill out address section below. 2. Street Address: 3. City/Town: _ Revised: 06/27/2003 4. ZIP Code: Page 1 of 2 13K f h l67 PG 81 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BYISC113A ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056 & 40,1070 - 40.10B4 (Subpart J) F] - 107 LSP SIGNATURE AND STAMP: attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, icluding any and all documents accompanying this submittal. In my professional opinion and judgment based upon application f (i) the standard of care in 309 CMR 4,02(1), (ii) the applicable provisions of 309 CMR 4.02(2) and (3), and 309 CMR4.03(2), and '.it) the provisions of 309 CMR 4.03(3), to the best of my knowledge, information and belief, if Section B indicates that a Notice of Activity and Use Limitation is being registered and/orrecorded, the Activity and Use .imitation that is the subject of this submittal (i) is being provided in accordance with the applicable provisions of M.G.L. c. 21 E ind 310 CMR 40.0000 and (H) complies with 310 CMR 40.1074; if Section B indicates that an Evaluation of Changes in Land Uses/Activities 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. :1 E and 310 CMR 40.0000 and (il) complies with 310 CMR 40.1080; if Section B indicates that an Amended Notice ofActivity and Use Limitation orAmendment to a Grant of Environmental >strfction is being registered and/orrecorded, the Activity and Use Limitation that is the subject of this submittal (i) is being cvided in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (11) complies with 40.1081; if Section B indicates that a Termination or a Partial Termination of Notice of Activity and Use Limitation, or a Release or irtial Release of a Grant of Environmental Restriction is being registered and/or recorded, the Activity and Use Limitation that the subject of this submittal (i) is being provided in accordance with the a pplicable provisions of M.G.L. c. 21 E and 310 CMR 1.0000 and (ii) 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 mitation that is the subject of this submittal (i) is being provided in accordance with the applicable provisions of M.G.L. c. 21 E id 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 mitation that is the subject of this submittal (i) is being provided in accordance with the applicable provisions of M.G.L. c. 21 E 1d 310 CMR 40.0000 and (ii) complies with 310 CMR 40.1085(4); 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. LSP#: 9415 First Name: John Telephone: (617) 523-2260 Signature: LSP Stamp: �p a RNDALL 51f! 6, jj 3. Last Name: Rendall 5. Ext.: 228 6. FAX: (617) 723-9036 8, Date: V-//, 2o o 6 Revised: 06/27i2003 Page 2 of 2 EXHIBIT C Signatory Authority WDC010450003111EE6 7E.X11181'1C.DOC 1 I . I'G „, SASOL NORTH AMERICA INC. INCUMBENCY AND AUTHORITY CERTIFICATE I, ANN FAFORD MCWATTERS, Assistant Corporate Secretary of Sasol North America hie-, a corporation validly organized and existing under the laws of the State of Delaware (the "Company"), DO HEREBY CERTIFY that: 1. Pat L. Jernigan is the Vice President, Operations of the Company, duly appointed and qualified by the Company, and authorized to execute documents and instruments on behalf of the Company; and 2. Pursuant to authority granted in the Bylaws of the Company and by the Authority Limitations, a Vice President shall have the power to execute all bonds, mortgages, contracts and any other instruments of the Company, and including specifically the authority to negotiate and conclude Safety, Health & Environment agreements with appropriate authorities. 3. Pat L. Jernigan was a Vice President of the Company with appropriate authority on April 28, 2003, when he signed the Activity and Use Limitation Agreement (Area 7), WITNESS my hand and seal this 15th day of August, 2006. Seal O:\IegaPafmiineuinbencyxNfanslieldSllElncumb7 SASOL NORTH AMERICA INC. By GZC� kvw s Ann Faf rdMeWatters Assistant Corporate Secretary End of Docurnem