HomeMy WebLinkAboutLower Memorial Park (Hope St.) - 8/15/2008COMMITMENT & INTEGRITY
95 Cedar Street I Suite 100
T 800.985.7897
DRIVE RESULTS
Providence, Rhode Island 02903
T 401.273.1007 r
www.woodardcurran.com
P 401.273.5087
August 15, 2008
Mr. Scott Leite
}! AUG 2 2 200`,
Health Agent
Six Park Row
WOODARD
Mansfield, MA 02048
&CURRAN
Subject: Notice of Activity and Use Limitation
and
Park, Hope Street, Mansfield, Massachusetts
Dear Mr. Leite:
The purpose of this letter is to inform you that, on behalf of the Town of Mansfield, a Notice of Activity and Use
Limitation (ALL) was recorded for the above -referenced property at the Bristol County Registry of Deeds
(Northern District) on July 22, 2008 in Book 17601, Page 234. Prior to the recordation of this newly implemented
ALL, the previously recorded ALL for this properly was terminated via a Statement of Termination of Notice of
Activity and Use Limitation, which was recorded at the Bristol County Registry of Deeds (Northern District) on
July 22, 2008 in Book 17601, Page 232, This public notification is being provided pursuant to the Massachusetts
Contingency Plan, 310 CMR 40.1403(7)(a). Copies of the recorded documents are herein attached. If you have
any questions, please do not hesitate to contact me at (401) 273-1007.
Sincerely,
WOODARD & CURRAN INC.
Andrea L. Blackburn Eagan
Project Scientist
WOODARD & CURRAN INC.
Enc. Notice of Activity and Use Limitation; Statement of Termination of Notice of Activity and Use Limitation
COMMITMENT &c INTEGRITY 95 Cedar Street I Suite 100 T 800.985.7897
DRIVE RESULTS Providence, Rhode Island 02903 T 401.273.1007
www.woodardcurran.com F 401.273.5087
July 18, 2008 N U n
Mr. Scott Leite ll
WOODARD Health Agent IlIll} JUIa `1 '� 2008
&CURRAN Six Park Row
Mansfield, MA 02048By r.
Subject: Notification of Availability of Class A-3 Response Action Outcome Statement and
Notice of Activity and Use Limitation
Lower Memorial Park, Hope Street, Mansfield, Massachusetts
MassDEP Release Tracking Number: 4-14771
Dear Mr. Leite:
The purpose of this letter is to inform you that, on behalf of the Town of Mansfield, Woodard & Curran
has submitted a revised Class A-3 Response Action Outcome (RAO) Statement and Activity and Use
Limitation (AUL) to the Massachusetts Department of Environmental Protection (MassDEP) for the
disposal site (the "Site") identified by the MassDEP as Release Tracking Number 4-14771. The filing of
the Class A-3 RAO indicates that a Permanent Solution for the cleanup of oil and hazardous material
(OHM) at the Site has been achieved, and a condition of No Significant Risk exists for Site assuming
implementation of an Activity and Use Limitation (AUL) within a portion of the Hope Street property.
In May 2003, a previous Class A-3 RAO Statement was submitted to the MassDEP for the Site on May
23, 2003, and an ALL was previously recorded at the Bristol County Registry of Deeds on May 30,
2003 (Book 12159, Page 279). This revised RAO and AUL has been prepared to satisfy various
requirements set forth by the MassDEP in a Notice of Audit Findings and Notice of Noncompliance
dated April 22, 2008.
This public notification is being provided pursuant to the Massachusetts Contingency Plan, 310 CMR
40.1090, 310 CMR 40.1403(3)(f), and 310 CMR 40.1403(7)(a). The Class A•3 RAO and AUL
described herein are available for review at the MassDEP Southeast Region office in Lakeville,
Massachusetts. In addition, a copy of the Notice of ALL will be forwarded to you when it is recorded
with the Bristol County Registry of Deeds. If you have any questions, please contact Andrea Blackburn
of Woodard & Curran at (401) 273-1007.
Sincerely,
WOODARD & CURRAN INC.
ctg0—
R. Duff Collins
Licensed Site Professional
WOODARD & CURRAN INC.
cc: MassDEP Southeast Regional Office
t4j
on. , r uv I ry. wa
July 18, 2008
STATEMENT OF TERMINATION OF
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c.21 E, §6 and 310 CMR 40,0000
Disposal Site Name: Memorial Park, Mansfield, Massachusetts
DEP Release Tracking No.(s): 4-14771
IIIIII I II��Oti I� ill ll
Bk: 17601 Pg: 232 Page: 1 of 2
Doc: STATE 07/22/2008 01:28 PM
A true copy
f}Y Photostatic process
1303101 County N.D,
Register of Deeds
1/WE, Town of Mansfield,
of Mansfield (CityfFown), Admod County,
Massachusetts (State), being the owner(s) of that certain parcel(s) of [vacant] land located in
Mansfield (City/Town), Bristol County, Massachusetts, [with the buildings and improvements
situated thereon], said land being more particularly bounded and described in Exhibit A, attached
hereto and made a part hereof ("Property"), do hereby terminate that certain Confirmatory Notice
of Activity and Use Limitation dated May 30, 2003, and recorded with the Bristol County
Registry of Deeds in Book 12159. Page 279 (said Confirmatory Notice of Activity and Use
Limitation and any amendments thereto hereinafter being collectively referred to as "Notice")
affecting said Property or portion thereof, so that said Notice may be substituted by the Notice of
Activity and Use Limitation given by the undersigned, dated July 18 , 2008, and recorded
and/or registered immediately hereafter.
This Statement of Termination of Notice of Activity and Use Limitation to become effective upon
its recordation and/or registration with the appropriate Registry of Deeds and/or Land
Registration Office.
WITNESS the execution hereof under seal this I day of do L 20gy
1�), �ro( -iz—
Ow r
John D'Agostino
Town Manager
COMMONWEALTH OF MASSACIfUSE'I"fS
+ 1 /�c /oL . ss , 2064'
Then personally appeared the above named and acknowledged the
foregoing instrument to be his/her/their free act and deed before me,
Notary Public:
�p ttEIEN P, CNRISTm
CMm mjlh cf Mur �yy
My Commission Expires: rb,.mb�rj01
". I I ,,, r-a.
)Exhibit A
Boundary Descriation
The certain parcels of land, as shown on a plan entitled "Survey Plan of Parcel and
Survey Plan of Area Subject to AUL Memorial Park, Mansfield, MA", prepared by
Surveying and Mapping Consultants, Inc., dated July 16, 2008, scale 1"=80% being
comprised of Lots 10, 17, 25 and 26, as shown on the Town of Mansfield Assessor's
Map 25.
Being the same parcels of land granted to the Town of Mansfield and recorded in the
Northern Bristol County Registry of Deeds in Book 153, Page 365 and Book 1780,
Page 183.
End of Document
ttK: I IbV-1 Vg: ZS4
\� H true copy
0y photostatic process
Form 1075 ^ !`
' Attest � f `(.Bfi„_I,'..�(/
Bristol County N.D. Form 1075
Register of Deeds
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21 E, § 6 and 310 CMR 40.0000
Disposal Site Name: Lower Memorial Park
DEP Release Tracking No:: 4-14771
310 CMR 40.1099
IIIINIIIINIIIII�I�IIIIIINIIIIININIII NIIII�IIIIIIII
Bk: 17601 Pg: 234 Page: 1 of 13
Doc; NOTC 07/22/2008 01:28 PM
_ This Notice of Activity and Use Limitation ("Notice") is made as of this k g day of
2008, by the Town of Mansfield with offices at Six Park Row, Mansfield, Massachusetts,
togethortwith its successors and assigns (collectively "Owner").
WITNESSETH:
WHEREAS, the Town of Mansfield, of Mansfield, Bristol County, Massachusetts is the owner
in fee simple of that certain parcel of land located in Mansfield, Bristol County, Massachusetts with the
buildings and improvements thereon ("Property");
WHEREAS, said parcel of land, which is more particularly bounded and described in Exhibit A,
attached hereto and made a part hereof ("Property") is subject to this Notice of Activity and Use Limitation .
The Property is shown on a plan recorded herewith;
WHEREAS, a portion of the Property ("Portion of the Property") is subject to this Notice of
Activity and Use Limitation. The Portion of the Property is more particularly bounded and described in
Exhibit A- 1, attached hereto and made a part of hereof. The Portion of the Property is shown on a plan to be
recorded herewith;
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 a Portion of the Disposal Site
in accordance with M.G.L. c. 2 1 E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR
40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with
oil and/or hazardous material in soil and/or groundwater and/or (b) the restriction of certain activities occurring
in, on, through, over or under the Portion of the Property. The basis fir such restrictions is set forth in an
Activity and Use Limitation Opinion ("AUL Opinion"), dated 77t$ 0$ (which is attached hereto as
Exhibit C and made a part hereof);
NOW, THEREFORE, notice is hereby given that the activity and use limitations setforth 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 ofNo 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:
Form 1075
DK: 1!OV1 r'y: ZOO
310 CMR 40.1099
(i) Use of the Portion of the Property for recreational and athletics use, including but
not limited to biking, walking, running, picnicking, bird watching, and/or a
playground.
(ii) Use or development of the Portion of the Property for industrial or commercial
operations including, but not limited to, offices, retail business, garages, vehicular
parking,, vehicular traffic, and/or landscaping;
(iii) Excavation and/or removal of soils associated with maintenance or repair of
these subsurface utilities and short-term (six months or less) construction work,
provided that it is conducted in accordance with the performance standards of the
MCP;
(v) Maintenance activities related to the repair, resurfacing and/or pavement, parking
lots, sidewalks, bicycle paths, and driveways;
(vi) Landscaping activities, including lawn mowing, mulching, and/or planting of
Flowers and shrubs;
(vii) Activities and uses which are not identified by this Notice as being inconsistent
with maintaining a condition of No Significant Risk; and
(viii) Such other activities and uses which, in the Opinion of an LSP, shall present no
greater risk of harm to health, safety, public welfare, or the environment than the
activities and uses set forth in this paragraph.
2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are
inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if
implemented at the Portion of the Property, may result in a significant risk of harm to health,
safety, public welfare or the environment or in a substantial hazard, are as follows:
(i) Use of the Portion of the Property as a residence and/or other such activities where
young children are likely to be present at the Portion of the Property and may engage
in high intensity activities that can disturb underlying soils such as digging or
gardening on a basis greater than 3 days a week over the course of 30 weeks, as
exposures to children greater than this frequency were not evaluated in the risk
characterization;
(ii) Relocation ofthe contaminated soil within the Portion of the Property, unless an
LSP renders an Opinion which states that such relocation is consistent with
maintaining a condition of No Significant Risk;
(v) Use of soils at the Portion of the Property for the cultivation of fruits and
vegetables intended for human consumption;
3. Obligations and Conditions Set Forth in the Aft Opinion. ffapplicable, 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) Soil within the Portion of the Property may not be moved to another area of the
Property, or off the Site, without first being evaluated by an LSP who shall render an
opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the soil
Form 1075
on. I I OV I ry. 400
310 CMR 40.1099
relocation will present a significant risk of harm to health, safety, public welfare, or
the environment.
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 Response Action Outcome. The activities, uses and/or exposures upon which
this Notice is based shall not change at any time to cause a sign ificant,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. Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This Notice shall
be incorporated either in full or by reference into all future deeds, easements, mortgages, leases,
licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or
a right to use the Property or a portion thereof is conveyed.
Owner hereby authorizes and consents to the filing and recordation and/or registration of this
Notice, said 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(s).
WITNESS the execution hereof under seal this 4:q day of . J J L 2008.
Rffin O. D'AgostiniNTown Manager
Town of Mansfield
Form 1075
on. 11 V V 1 ry. 4J1
310 CMR 40.1099
COMMONWEALTH OF MASSACHUSETTS
ss 7 ' / %' 2008
Then personally appeared the above -named John O. D'Agostino, Town Manager, Town of
Mansfield and acknowledged the foregoing instrument to be his free act and deed before me,
P. CHR)9M
a' imuJm ��Fr�pF'p�_ea'�
tart i41i 7, 7V�
My Commission Expires:
The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation
Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice ofActivity and
Use Limitation isconsistentwith the terms set forth in said Activity and Use Limittaatiy Opinion.
Date: �� T �i P� ►�°uC)nAa4a �tl(l`
✓ ZNOFMgso�te
3bsv�i y Licensed ite Professional
R. Duff Collins
COMMONWEALTH OF MASSACHUSETTS
Bel5 ss 7— i72008
Then personally appeared the above named R. Duff Collins and acknowledged the foregoing
instrument to be his free act and deed before me,
Upon recording, return to:
Mr. John O. D'Agostino, Town Manager
Town of Mansfield
Six Park Row
Mansfield, Massachusetts 02048
Notary Public:
My Commission Expires:
& MIEN P. CHRIST"
Nam PAX
Fa
ON. 17 V V 1 r-q. 4J0
Exhibit A
Boundary Description
The certain parcels of land, as shown on a plan entitled "Survey Plan of Parcel and
Survey Plan of Area Subject to AUL, Memorial Park, Mansfield, MA", prepared by
Surveying and Mapping Consultants, Inc., dated July 16, 2008, scale I "=80', being
comprised of Lots 10, 17, 25 and 26, as shown on the Town of Mansfield Assessor's
Map 25.
Being the same parcels of land granted to the Town of Mansfield and recorded in the
Northern Bristol County Registry of Deeds in Book 153, Page 365 and Book 1780,
Page 183.
Exhibit A-1
AUL Boundary Description
A certain Activity and Use Limitation Area, as shown on a plan entitled "Survey Plan of
Parcel and Survey Plan of Area Subject to AUL, Memorial Park, Mansfield, MA",
prepared by Surveying and Mapping Consultants, Inc., dated July 16, 2008, scale 1 "=80',
being more particularly bounded and described as follows:
Beginning at a point at the southeasterly corner of said Activity and Use Limitation Area,
said point being S03° 13' 11 "W, a distance of 396.20' from a corner of land now or
formerly of Gambale and the Town of Mansfield; thence
S71 ° 51' 41 "W, a distance of 244.00' to a point; thence turning and running
N 17° 05' 53"W, a distance of 627,39' to a point; thence turning and running
N74° 15' 27"E, a distance of 84.00' to a point; thence turning and running
S61° 48' 57"E, a distance of49.00' to a point; thence turning and running
S41 ° 26' 57"E, a distance of 71.00' to a point; thence turning and running
S87° 00' 50"E, a distance of 43.00' to a point; thence turning and running
S 18' 46' 53"E, a distance of 321.86' to a point; thence turning and running
S46° 18' 14"E, a distance of 97.70' to a point; thence turning and running
S 16' 21' 42"E, a distance of 99.71' to the point of beginning
Containing approximately 120,546 square feet (2.767 acres)', more or less.
m M. IIOU I Y°J: 44V
on. i f vv i ry. 441
EXHIBIT C
ACTIVITY AND USE LIMITATION OPINION
Lower Memorial Park, Hope Street, Mansfield, Massachusetts
DEP Site #4-14771
In accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation
Opinion has been prepared for it portion of the parcel of land (the "Portion of the Property")
owned by the Town of Mansfield located off of Hope Street in Mansfield, Bristol County,
Massachusetts 02048. As of the date of the filing of this Activity and Use Limitation Opinion,
the subject property (the "Property") is zoned for municipal use.
Site History
The Disposal Site (the "Site") is situated within the southern and southeastern portion of
Memorial Park (Lower Memorial Park), which is currently occupied by a practice football field,
three basketball courts, a sand -covered volleyball court, a sand -covered playground, and grassy
areas used for various recreational activities (e.g. picnicking, etc). The Town of Mansfield has
owned the majority of Memorial Park since at least the early 1960s, During the 1960s, several of
the lower portions of Memorial Park, including the now existing playground, volleyball court,
and practice field areas, were filled to create the lower portion of the park. It is unknown when
the basketball court area was filled. Prior to being used as a park, the area consisted of
undeveloped land.
In March 1999, a release of oil and/or hazardous material (OHM) was discovered at the Property
during geotechnical soil boring activities within the area of the basketball courts. A chemical
odor similar to that of creosote was detected in several of the soil borings that were advanced
through the asphalt pavement of the basketball courts. A soil sample was collected from soil
boring B-I and was submitted for laboratory analysis of polycyclic aromatic hydrocarbons
(PAHs). A total of nine PAHs were detected above applicable RCS-1 reportable concentrations,
thereby triggering a 120-day reporting requirement. Additional soil (test pitting and soil boring
advancement) and groundwater sampling was conducted across the Site, the results of which
confirmed the presence of PAHs within soils beneath the basketball courts, volleyball court,
wooded area, and playground. The highest concentration of PAH compounds was generally
found in soils at least six feet beneath the practice field and basketball courts. Groundwater
shows no evidence of contamination.
A Phase I Initial Site Investigation Report and Tier Classification were submitted to MassDEP on
May 16, 2000; the Site was classified as a Tier II disposal site. A combined RAM Status Report
and Phase III Remedial Action Plan was submitted to MassDEP on May 26, 2000, which
identified earthen and concrete caps as the selected remedial alternative for the Site.
Construction of the earthen and concrete caps took place at the Site between June 2000 and
October 2000, Earthen and concrete caps were constructed at the Site to prevent exposures to
underlying soils. A concrete cap consisting of a 6-inch layer of concrete was installed at the
basketball court. Earthen caps were installed on top of the practice field (constructed with a
geofabric liner overlain by 24 inches of gavel and 12 inches of loam), volleyball court
(constructed with a geofabric liner overlain by 6 inches of sand), wooded area (capped with 6
inches of loam), and the playground (capped with 6 inches of sand). No geofabric liners were
installed beneath the caps in the wooded area or playground.
OK: t tnu t rg: &4Z
Reason for Activity and Use Limitation
A Method 3 Risk Characterization (Method 3 RC) was completed in accordance with the MCP to
quantitatively evaluate and characterize the potential risks (to human health, safety, public
welfare, and the environment) posed by the residual OHM concentrations mentioned above and
to support a Response Action Outcome for the subject release.
[Note: The MCP allows a risk characterization for a disposal site to be performed by one of
three methods: Method 1, which involves a comparison of soil and groundwater contaminant
concentrations measured at a site to existing mnmterical standards; Method 2, which involves
comparison of soil and groundwater contantinamt levels measured at a site to more site -specific
numerical standards derived for a particular site; and Method 3, which involves a gnantificalion
of total site risk considering on -site receptors, asstoned exposure scenarios, and contaminant
levels measured at the site.]
The results of the Method 3 RC demonstrated. that a condition of NSR to human health, safety,
public welfare, and the environment has been achieved at the Portion of the Propety for current
and certain future activities and uses. Specifically, the Method 3 RC concluded that residual
concentrations of OHM in soil within the Portion of the Property pose No Significant Risk to
current/future park visitors, future hypothetical facility workers, and current/future
construction/utility workers. However, a condition of No Significant Risk of harm to human
health does not exist under reasonably foreseeable future conditions in the absence of an AUL.
Implementation of this AUL will prohibit future use of the Portion of the Property as a residence
or other such activity in which a child would be present on a daily basis and may engage in high
intensity activities that can disturb underlying soils such as digging or gardening on a ratline
basis.
In order to ensure that a condition of NSR is maintained at the Portion of the Property, an AUL is
necessary to `lock in" the assumptions and restrictions of the Method 3 RC regarding future Site
activities and uses. This AUL is applicable to the Portion of the Property, as described in Exhibit
A-1 and depicted in Exhibit B.
ACTIVITIES AND USES CONSISTENT WITH THE AUL OPINION
The following activities and uses are permitted at the Portion of the Property:
(i) Use of the Portion of the Property for recreational and athletics use, including but
not limited to biking, walking, running, picnicking, bird watching, and/or a
playground.
(ii) Use or development of the Portion of the Property for industrial or commercial
operations in but not limited to, offices, retail business, garages, vehicular
parking, vehicular traffic, and/or landscaping;
(iii) Excavation and/or removal of soils associated with maintenance or repair of
subsurface utilities and short-term (six months or less) construction work, provided
that it is conducted in accordance with the performance standards of the MCP;
Dni 1 IOV 1 r'(j: 440
(v) Maintenance activities related to the repair, resurfacing and/or pavement, parking
lots, sidewalks, bicycle paths, and driveways;
(vi) Landscaping activities, including lawn mowing, mulching, and/or planting of
flowers and shrubs;
(vii) Activities and uses which are not identified by this Notice as being inconsistent
with maintaining a condition of No Significant Risk; and
(viii) 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 assumptions of the Method 3 RC, and which,
if implemented at the Portion of the Property, may result in a significant risk of harm to human
health, safety, public welfare, or the environment are as follows:
(i) Use of the Portion of the Property as a residence and/or other such activities where
young children are likely to be present at the Portion of the Property and may engage
in high intensity activities that can disturb underlying soils such as digging or
gardening on a basis greater than 3 days a week over the course of 30 weeks, as
exposures to children greater than this frequency were not evaluated in the risk
characterization;
(ii) Relocation of the contaminated soil within the Portion of the Property, unless an
LSP renders an Opinion which states that such relocation is consistent with
maintaining a condition of No Significant Risk;
(v) Use of soils at the Portion of the Property for the cultivation of fruits and
vegetables intended for human consumption;
3. OBLIGATIONS AND CONDITIONS SET FORTH IN THE AUL OPINION
If applicable, obligations and/or conditions to be undertaken and/or maintained at the Site to
maintain a condition of No Significant Risk as set forth in this AUL Opinion shall include the
following:
(i) Soil within the Portion of the Property may not be moved to another area of the
Property, or off the Site, without first being evaluated by an LSP who shall render an
opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the soil
relocation will present a significant risk of harm to health, safety, public welfare, or
the environment.
LSP CERTIFICATION
Name of Organization: Woodard & Curran Inc.
LSP Name: R, Duff Collins Title: Senior Vice President
on: I IOU I rg: L44
Telephone: (781) 251-0200
1 attest that I have personally examined and am familiar with the information contained in this
AUL Opinion, including the Risk Characterization and Notice of AUL accompanying this
attestation, and in my professional judgment, the Risk Characterization, Notice of AUL, and this
AUL Opinion comply with the provision of M.G.L. c. 21A, §§ 19-19J, 309 CMR, M.G.L. c. 21
E, 310 CMR 40.0000 and all other laws, regulations, orders, permits, and approvals applicable to
such response actions. I am aware that significant penalties may result, including, but not limited
to, possible fines and imprisonment, if 1 willfully submit information which I know to be false,
inaccurate, or incomplete p jAennn
2Q ����OF,t{gs°aa
LSP Signature: _. +_ LSP Seal: v �� R SAry°'v
V v n
a DUFF
Date: ^ (g^ CZ Cot
T INS 1
DK. 1 r OV I ry. L40
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup BWSC113A
r ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number
Pursuant to 310 CMR 40.1056 & 40.1070. 40,1084 (Subpart J) ® - 14771
A. DISPOSAL SITE LOCATION:
1. 'Disposal Site Name: Lower Memorial Park
2. Sheet Address: Off Hope Street
3. CityrTown: Mansfield 4. ZIP Code: 02048-0000
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 andfor 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),
Ej4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR
40.1083(3).
5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR
40.1083(1)(d).
❑ 6. Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071.
❑ 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction, pursuant to 310 CMR 40A081(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 (he LSP Opinion for a Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(1)(c).
❑ 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation, pursuant to 310 CMR 40.1085(4).
(Unless otherwise noted above, all sections of this form (BWSC113A) must be completely filled out, printed,
stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or
registered with the Registry of Deeds and/or Land Registration Office.)
AUL INFORMATION:
Is the address of the property subject to AUL different from the disposalsite address listed above?
10 a. No ❑ b. Yes If yes, then fill out address section below.
Street Address:
Ckyf7own:
4. ZIP Code:
Revised: 06127/2003 Page 1 of 2
on. f r-vv i ry. ctiv
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) [4 14771
LSP SIGNATURE AND STAMP:
attest under the pains and penalties of perjury that I have,personally examined and am familiar with this transmittal form,
ncluding 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 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 B 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. 21 E
and 310 CMR 40.0000 and (ii) complies with 310 CMR 40.1074:
> if Section B indicates that on 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.
>_1E and 310 CMR 40.0000 and (it) complies with 310 CMR 40.1080;
if Section B indicates that anAmended Notice of Activity and Use Limitation orAmendmenCto 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 CMR 40.0000 and (il) complies with 40.1081;
if Section B indicates that a Termination or a Partial Termination of a Notice ofActivity and Use Limitation, or a Release or
irtfal Release of a Grant of Environmental Restriction is being registered end/or recorded, the Activity and Use Limitation that
the subject of this submittal (1) is being provided in accordance with the applicable provisions of M.G.L. c. 21E and 310 CMR
I.0000 and (it) complies with 310 CMR 40.1083;
if Section B indicates that a Grant of Environmental Restriction is being registered and/orrecorded, the Activity and Use
nitation that is the subject of this submittal (1) is being provided In accordance with the applicable provislons 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
nitatlon that is the subject of this submittal (1) Is being provided in accordance with the applicable provisions of M.G.L, c. 21E
d 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 a: 6314
First Name: R. Duff
3. Last Name:
(781)251-0200 2402 (781)251-0847
Telephone: 5. Ext.: 6. FAX:
Signature: �!1 ��c 8. Date:
LSP Stamp:
R11
DUFF
COLLIN'S
No. 6314
Revised: 06/27/2003
End of Document
mmldd/yyyy
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